The form continues below our Terms of Service.
END USER BETA EVALUATION LICENSE (the “Agreement”)
Notification of Copyright: “Zon: New Chengo Chinese" (“Zon”) means the full, integrated package of software, data, video and graphic material contained on this website, including any such elements which may be downloaded and installed onto your hardware and any associated documentation; Copyright 2005 Board of Trustees of Michigan State University (“MSU”) and its licensors.
Permitted Uses: MSU grants you, as "End User," the right to use Zon only for educational, non-commercial purposes.
Duration of the "On-line" Component of the Game: Zon is an “on-line” game that must be played over the Internet as provided by MSU. You understand and agree that Zon is provided by MSU at its sole unfettered discretion and may be terminated or otherwise discontinued by MSU at any time.
Prohibited Uses: You may not make copies of Zon, nor may you rent, lease, sub-license, decompile, disassemble, make derivative works, reverse-engineer or otherwise reduce Zon to a human readable form without the prior express written consent of MSU. You may not remove or obscure the Zon copyright notice.
Intellectual Property: Zon is a proprietary product of MSU and is protected by copyright laws and international treaty. This Agreement is a legal contract between you, as End User, and the Board of Trustees of Michigan State University governing your use of Zon. If you have any questions concerning this Agreement, or are interested in commercial use of Zon, please contact MSU Technologies, 325 East Grand River Ave., East Lansing, MI 48824. MSU retains title to Zon. End User acknowledges and agrees that MSU has rights to use all data or information collected by MSU as a result of End User’s use of ZON. MSU is able to use said data and information for any purposes without restriction at its sole unfettered discretion. All rights not specifically granted in this Agreement are reserved by MSU.
Consent to Monitor: WHEN RUNNING, ZON MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH ZON. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON," "MOD," "HACK," "TRAINER," OR "CHEAT," THAT, IN MSU'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE ZON INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY MSU; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH ZON. IN THE EVENT THAT ZON DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, ZON MAY COMMUNICATE INFORMATION BACK TO MSU, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED. UPON RECEIPT OF SUCH INFORMATION, MSU MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE END USER.
Patches and Updates: MSU may deploy or provide patches, updates and modifications to Zon that must be downloaded for the End User to continue to play Zon. MSU may update Zon remotely, including, without limitation, the Zon elements residing on the End User's machine. End User grants MSU consent to deploy and apply such patches, updates and modifications.
Termination: MSU may terminate this Agreement at any time for any reason or no reason. In such event, you must immediately and permanently destroy all Zon-related software, information and data in your possession and control and remove Zon from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
Warranty: MSU MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO END USER OR TO ANY OTHER PERSON OR ENTITY. SPECIFICALLY, MSU MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF ZON. MSU WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES, EVEN IF MSU OR ITS EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MSU LIABILITY FOR ANY DAMAGES TO END USER OR ANY PERSON EVER EXCEED THE FEE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
Limitation of Liability, Indemnity: MSU SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY USE OF ZON, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, MSU SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY ZON. MSU SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL MSU BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MSU'S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY END USER TO MSU. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD MSU HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY MSU ARISING OUT OF OR FROM YOUR USE OF ZON.
General: If any provision of this Agreement is unlawful, void, or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement shall be governed by Michigan Law.
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