Carmen Sandiego Game Limited Software Warranty and License Agreement

Houghton Mifflin Harcourt Publishing Company ("HMH" "we" or "us") is the owner and developer of the Carmen Sandiego™ Returns game (the "Carmen Sandiego Game" or “Game”).

BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE CARMEN SANDIEGO GAME, AND ANY OTHER MATERIALS INCLUDED WITH THE GAME, YOU AGREE TO BE BOUND BY THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THESE “TERMS”), AS WELL AS THE GAME’S PRIVACY POLICY.  Copies can be of these Terms and the Game’s Privacy Policy can be found here:

Game’s Limited Software Warranty and License Agreement: 
http://www.hmhco.com/common/CarmenSandiego/software-warranty-license-agreement-ios
Game’s Privacy policy
http://www.hmhco.com/common/CarmenSandiego/privacy-policy-ios

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR DOWNLOAD THIS SOFTWARE AND YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR USE THE CARMEN SANDIEGO GAME.  THE CARMEN SANDIEGO GAME INCLUDES ALL SOFTWARE DOWNLOADED WHEN PURCHASING THE GAME, ANY AND ALL ACCOMPANYING MANUAL(S) AND OTHER DOCUMENTATION, AND OTHER WRITTEN FILES, ELECTRONIC AND/OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL PERMITTED OR AUTHORIZED COPIES OF SUCH GAME AND ITS MATERIALS. THIS GAME IS LICENSED, NOT SOLD.

PLEASE NOTE: To use the Windows® version of the Carmen Sandiego Game, you must either purchase a computer or device that includes Intel® RealSense™ equipment and software, or purchase, install and use Intel® RealSense™ equipment and software on your computer or device. The Windows® version of the Carmen Sandiego Game will NOT function properly if you do not own or have not installed the Intel®RealSense™ technology.

These Terms govern use of the Carmen Sandiego Game, and apply to parents, children, and others who download, install, open and use the Game (collectively, "you"). Please read these terms of use carefully.
 Our License to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive license (a) to download the Carmen Sandiego Game and (b) to use one copy of the Game in compliance with its available features and documentation for your personal, non-commercial use for gameplay on a single computer or device, as applicable, unless otherwise expressly specified in the Game’s documentation. Your license rights are subject to your compliance with these Terms. The term of your license under these Terms shall commence on the date that you install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or the termination of this Terms (as further provided below).
HMH and its licensors own all content and technology available through, or embodied within the Carmen Sandiego Game, including all associated intellectual property rights ("Licensed Content"). The Licensed Content includes templates, formatting, information, software, artwork, text, video, audio, pictures, trademarks, trade dress, activities, and other components of the Carmen Sandiego Game. The Game and Licensed Content are protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. HMH and its licensors retain all of their respective right, title and interest to the Game, 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 Carmen Sandiego Game and Licensed Content is being licensed, not sold, to you, and you hereby acknowledge that no title or ownership in either the Game or any of the Licensed Content is being transferred or assigned to you or any other person, and these Terms shall not be construed as a sale of any rights in the Game and Licensed Rights. Your license to use the Carmen Sandiego Game is strictly limited; for example (and as further detailed in these Terms below), you are not permitted to copy, republish, modify, reverse engineer, or seek to repurpose the Game or other Licensed Content in any way. We reserve all rights not expressly granted to you in and pursuant to these Terms. Additional terms and/or registration may be required to access or download additional Game modules or updates or patches, although to be clear HMH shall have no obligation to provide such modules, updates or patches.
Any persons copying, reproducing, or distributing all or any portion of the Game or Licensed Content in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. Be advised that U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. The Game contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of these Terms. All rights not expressly granted under these Terms are reserved by Licensor and, as applicable, its licensors.
Restrictions on Your License Rights. You agree not to:

  • commercially exploit the Game;
  • distribute, lease, license, sell, rent, or otherwise transfer or assign the Game;
  • make a copy of the Game or any part thereof (other than as permitted in these Terms to use the Game for your personal enjoyment);
  • use, install or make a copy of the Game available on a network (or permit others to do same) for use or download by multiple users, or for on-line use, or on more than one computer or gaming unit at the same time;
  • use or copy the Game at a computer gaming center or any other location-based site;
  • reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Game, in whole or in part;
  • remove or modify any proprietary notices, marks, or labels contained on or within the Game; or
  • transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Game by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the Game was obtained, which may be amended from time to time.

Please be advised that the Carmen Sandiego Game may include technical measures to control access to the Game, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. The absence of technical measures in any version of the Carmen Sandiego Game shall not be construed as a waiver by HMH or its licensors of its intellectual property ownership or enforcement rights, and does not mean you may copy, use or otherwise make available, or use, the Game in violation of these Terms. If present, such technical measures may include license key management, product activation, and/or other security technology in the Game, as well as technical methods for passive monitoring usage that do not involve collecting personally identifiable information and may include, but not be limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Game, or any portions or components thereof, including any violations of these Terms. You may not interfere with, attempt to disable or circumvent, any such access control or other technical measures. If you do, the Game may cease to function or not function properly. The Game may require an internet or other online connection for the purposes of effecting such technical measures, providing feedback and analytics as contemplated in these Terms or in the above-referenced Privacy Policy, requesting or being provided customer support, and/or supporting other functions related to your enjoyment and use of the Game.
Privacy and the Carmen Sandiego Game. We value your privacy and the privacy of all our users. Please review the above-referenced Game’s Privacy Policy for information on how we collect, use, and protect your information including, as applicable, any information that may be considered personal or personally identifiable. For the purposes all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, the above-referenced Game’s Privacy Policy, as may be amended from time to time, takes precedence over any statements in these Terms.

Limited Warranty. Due to variations in hardware, software, internet connections, and individual usage, HMH does not warrant the performance of the Carmen Sandiego Game on your specific computer or device. HMH does not warrant against interference with your enjoyment of the Game; that the Game will meet your requirements; that operation of the Game will be uninterrupted or error-free; or that the Game will be compatible with third-party software or hardware, or that any errors in the Game will be corrected. No oral or written advice provided by HMH, retailer or distributor of the Game, or any authorized or unauthorized representative shall create a warranty.

THE CARMEN SANDIEGO GAME IS PROVIDED BY HMH ON AN "AS IS" BASIS. HMH AND ITS LICENSORS DISCLAIM (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE IN THE CARMEN SANDIEGO GAME OR OF ANY LICENSED CONTENT; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE CARMEN SANDIEGO GAME, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE CARMEN SANDIEGO GAME IS AT YOUR SOLE RISK.
Limitation Of Liability. IN NO EVENT WILL HMH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM INSTALLATION, INABILITY TO INSTALL, POSSESSION, USE, OR MALFUNCTION OF THE CARMEN SANDIEGO GAME, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE CARMEN SANDIEGO GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT HMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HMH’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE CARMEN SANDIEGO GAME. IN NO EVENT SHALL HMH’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS HEREUNDER BY YOU, REGARDLESS OF THE FORM OF ACTION, EVER EXCEED U.S. $100.

Local Consumer Law. The laws of your jurisdiction may limit the effect of the warranty disclaimer and limits of liability set out in the preceding sections entitled “Limited Warranty” and “Limitation of Liability.” Please refer to the laws of your jurisdiction. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THESE LIMITATIONS AND/OR EXCLUSIONS AND ANY EXCLUSION OR LIMITATION OTHERWISE RESULTING FROM THE BELOW INDEMNITY MAY NOT APPLY TO YOU. THE ABOVE WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF SUCH WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. SUCH WARRANTY MAY GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity. You agree to defend, indemnify, and hold HMH and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

Duration Of Rights; Termination. The license we grant to you under these Terms will continue until the earlier of (a) your cessation of use of the Carmen Sandiego Game, (b) our cessation of support for, or offering of the Carmen Sandiego Game, or (c) your failure to comply with these Terms. If you fail to comply with these Terms, the termination of your license is without prejudice to other rights and remedies HMH may hold.

General. These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the exclusive jurisdiction of and venue in the state and federal courts in the Commonwealth of Massachusetts, in the judicial district where HMH resides. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. HMH's failure to act with respect to non-compliance by a user does not waive its right to act with respect to subsequent or similar non-compliance. These Terms, together with the Privacy Policy and other terms and conditions referenced herein to which you may agree to be a party, set forth the entire understanding and agreement between us with respect to the subject matter of these Terms and supersede any prior or contemporaneous understanding, whether written or oral.

Contact Us. You may contact us for any reason at the following address: myhmh@hmhco.com