EULA applicable to residents of North and South America:
LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
YOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYINGMANUAL(S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH BETHESDA SOFTWORKS LLC AND ITS PARENT, ZENIMAX MEDIA INC. (COLLECTIVELY, “LICENSOR”).LICENSE. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred orassigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.
OWNERSHIP. LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names,proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, inwhole or in part, without the express prior written consent from LICENSOR. Any 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 subject to civil and criminal penalties. Be advised that copyright violations are subject to penalties of up to $100,000 per violation. The Software containscertain licensed materials and LICENSOR’s licensors may protect their rights in the event of any violation of this Agreement.
You agree not to:
(a) Commercially exploit the Software;
(b) Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
(c) Makecopies of the Software or any part thereof, except for back up or archival purposes;
(d) Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, or workstation at the same time;
(e) Copy the Software onto a hard drive or other storage devicefrom the included DVD (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
(f) Use or copy the Software at a computer gaming center or any other location-based site;
(g) Reverse engineer, decompile, disassemble or otherwise modify the Software, in whole or in part;
(h) Remove or modify any proprietarynotices or labels contained on or within the Software; and/or
(i) Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
THE SOFTWARE UTILITIES, IF ANY.
If the Software makes available, as a separate...