WILLIAMS ELECTRONICS GAMES, INC. SOFTWARE LICENSEPLEASE READ THIS LICENSE CAREFULLY.
1. License. The software installed through this process (the "Software") and any related documentation provided to you are licensed to you by Williams Electronics Games, Inc. or its affiliates ("Williams"), subject to the terms and conditions in this License Agreement. Williams retains title to the Software and related documentation. This license allows you to use the Software only in the specific pinball games manufactured by Williams and marketed under the WILLIAMS or BALLY trademark for which the Software is intended ("Pinball Games"). To do this, you are permitted to transfer the Software into a Flash ROM device in the Pinball Game. Other than the copy of the Software installed for you during this process, one (1) archival copy thereof, and the Flash ROM copies for installation into the Pinball Games, you may make no copies of the Software. You may not transfer or sublicense your license rights in the Software to another party or distribute copies of the Software, except that you may install Flash ROM copies of the Software into Pinball Games owned by others as part of servicing such Pinball Games, provided the owners of the Pinball Games read and agree to accept the terms and conditions of this License Agreement and provided you do not charge an additional fee for the provision of the Flash ROM copy of the Software. Under no circumstances may you sell copies of the Software, including Flash ROM copies. You may not publish the Software.
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another over a network.
3. Termination. This License Agreement is effective until terminated. You may terminate this License Agreement at any time by destroying the Software, related documentation and all copies thereof. This License Agreement will terminate immediately without notice from Williams if you fail to comply with any provision of this License Agreement. Termination of this License Agreement terminates the license granted hereunder. Accordingly, upon termination of this License Agreement you must destroy the Software, related documentation and all copies thereof in your possession or under your control.
4. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from Williams, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Williams, nor the direct product thereof, except as permitted by the laws and regulations of the of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
5. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.277-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-896(d) of the NASA Supplement to the FAR.
6. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and Williams EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WILLIAMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, WILLIAMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WILLIAMS OR A WILLIAMS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT WILLIAMS OR A WILLIAMS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL WILLIAMS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF WILLIAMS OR A WILLIAMS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
8. Controlling Law and Severability. This License Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Illinois, as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or a portion thereof, to be unenforceable, that provision of the License Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.
9. Complete Agreement. This License Agreement constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License Agreement will be binding unless in writing and signed by a duly authorized representative of Williams.