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END-USER LICENSE AGREEMENT IMPORTANT -- READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and Mattel, Inc. (“Mattel”) for the Mattel software and sound files that accompany this EULA ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY (A) INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, OR (B) BY CLICKING THE ACCEPTANCE BUTTON ON THE ELECTRONIC VERSION OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. 1. General: The Software and documentation accompanying this EULA are licensed, not sold, to you by Mattel for use only under the terms of this EULA. The terms of this EULA apply to any software or firmware upgrades provided by Mattel, unless superseded by a new license accompanying such upgrade in which case the new license will govern. 2. Grant of license: Subject to your agreement to the terms and conditions set forth in this EULA, Mattel grants to you a personal, non-exclusive and non-transferable license, with no right to grant sublicenses, to use one copy of the Software, which may include documentation, on a single computer/workstation, for use solely in conjunction with the “KNOWS YOUR NAME™” plush product (the “Product”). The Software is “in use” on a computer when it is loaded into the temporary memory or installed into permanent memory (e.g., hard drive, CD-ROM drive or other storage device) of that computer. It is an express condition of this EULA that the title and ownership of the Software shall be retained by Mattel. You are not permitted to rent or lease the Software or to transfer your rights under this license to a third party except in conjunction with the transfer of the Product, nor to use the intellectual property inherent in the Software for any application or purpose separate and apart from the Product. Transfer of your rights under this EULA to a third party may be made only on a permanent basis and only if you (a) simultaneously transfer to such third party the license granted by this EULA, the Software and all associated printed materials; (b) retain no copies of the Software, and (c) the third party recipient agrees to be bound by the terms of this EULA. All intellectual property (including but not limited to copyright, trademark and patent) in the Software, including all animations, audio, images, maps, music, photographs, video and text incorporated into the Software, is owned by Mattel and its suppliers and licensors, and is protected by United States laws and international treaty provisions. Mattel and its suppliers and licensors retain all rights not expressly granted herein. You undertake to treat the Software like any other copyrighted material. You may not rent or lease the Software. Use of the product on more than one computer constitutes copyright infringement and may be punishable by civil fines, criminal penalties, or both. You may not modify, adapt, merge, translate, decompile or disassemble the Software, nor attempt to copy or replicate the Software through reverse engineering or otherwise, except to the extent that this restriction is expressly prohibited by applicable law. You may not create any derivative works based on the whole or part of the Software or its associated documentation. You may not remove any proprietary notices or labels in the Software. You may not copy or distribute printed copies of any user documentation accompanying the Software. You may not publicly perform or publicly display the Software. In the event that you fail to comply with any of the terms, conditions and restrictions of this license, your rights to use the Software will terminate, and you must discontinue use of the Software, remove the Software from your computer and permanently erase all copies of the Software. You may be held legally responsible for any copyright infringement, unauthorized transfer, reproduction or use of the Software or its documentation. 3. Duration: This EULA shall remain effective for as long as you own the Product or until otherwise terminated in accordance with its terms. The license will terminate if you fail to comply with the terms of this EULA. Upon termination, you agree to destroy all copies of the Software and its documentation. 4. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF THE SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS-IS”, WITH ANY AND ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. MATTEL AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. MATTEL DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALEWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICOIUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL DOWNLOAD. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MATTEL, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 5. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MATTEL OR ITS SUPPLIERS AND LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, ARISING OUT OF THIS EULA OR SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR DATA, THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MATTEL’S AND ITS SUPPLIERS’ AND LICENSORS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 6. Questions: Any questions concerning the Software or its installation should be directed to Mattel/Fisher-Price Consumer Relations at (800) 432-5437. This number is toll-free within the United States. 7. U.S. Government Restricted Rights: a. The Software is “commercial computer software” or “commercial computer software documentation.” The United States Government’s rights with respect to the Software are limited by the terms of this EULA, pursuant to FAR §12.212(a) and/or DFARS § 227.7202-1(a), as applicable. b. You agree by installing, copying or other wise using the Software that: i. You do not reside in a country subject to embargo or export controls by the U.S. Government; ii. You are not on the List of Denied Persons as published by the U.S. Government; and iii. You will not use the Software for any illegal purpose. c. You may not export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. 8. Miscellaneous: This EULA is governed by the internal substantive laws of the state of California (and not by the 1980 United Nations Convention on contracts for the international sale of goods, as amended). No change or modification of this License will be valid unless it is in writing and signed by Mattel. The provisions of this EULA are severable; if any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. If the Software was acquired outside the United States, local laws may apply. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether written or oral. “KNOWS YOUR NAME” is a trademark of Mattel in the United States and/or other countries. To begin the installation process, please indicate your acceptance of these terms by clicking the appropriate box below:
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Fisher-Price, Inc., a subsidiary of Mattel, Inc. © 2006 Mattel, Inc. All Rights Reserved.