PLEASE READ THIS LICENSE CAREFULLY.
BY CLICKING THE "ACCEPT" BUTTON AT
THE END OF THIS LICENSE AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON
THE "DO NOT ACCEPT" BUTTON AT THE END OF THIS LICENSE AGREEMENT, WHICH WILL
TERMINATE THIS DOWNLOAD PROCESS. YOU MUST AGREE TO BE BOUND BY THE TERMS OF THIS
LICENSE AGREEMENT IN ORDER TO BE PERMITTED TO DOWNLOAD THE SOFTWARE. A COPY OF THIS
LICENSE AGREEMENT WILL BE DOWNLOADED TO YOU DURING THIS PROCESS IF YOU ARGEE TO ITS
TERMS.
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 agrement
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.
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