Download and Software License Terms
Some Content provided by Shanda Games International Pte. Ltd. ("Shanda") may require you to download software from Shanda or its affiliated partners onto your computer ("Software"). The right to use the Software is subject to these Terms and Service and EULA
NEITHER SHANDA NOR ITS AFFLIATE AND PARTNERS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
Shanda and/or its affiliated partners and licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by Shanda, its licensors, you, or otherwise) for the Content(s).
Subject to your compliance with the terms of this Agreement, you are granted limited, non-exclusive license to use the Software solely for the following purposes:
(a) General Use. You may Use a copy of the Software on your compatible Computers exclusively for non-commercial entertainment purpose only, and solely as allowed by the Software functionality.
(b) No Modification. You must not modify, adapt, translate or create derivative works based upon the Software. You must not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, only if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Shanda to provide the information necessary to achieve such operability and Licensor has not made such information available. Shanda has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Shanda and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
(c) Proprietary Notices. You will not alter or remove any copyright, trademark, patent or other protective notices contained in or on the Software.
(d) Interference with Certain Features. You will not modify, circumvent, impair or otherwise interfere with the (a) Security Measures (as defined below), or (b) features of the Software that (i) enforce license restrictions or limits, or (ii) that report technical or statistical information regarding the Software or its use.
(e) Use of Third Party Software. Shanda may, from time to time, provide you with, or give you express permission to use, third party software applications specifically developed for use with the Software. You agree not to use software applications developed by third parties for use with the Software, unless the application is one (i) that Shanda has expressly given you permission to use, or (ii) that the Shanda (or its agent) has otherwise provided to you for use with the Software.
4. NO WARRANTY. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND SHANDA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. SHANDA PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE. SHANDA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SHANDA AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5. CONSEQUENTIAL DAMAGES WAIVER; LIMITATION OF LIABILITY. IN NO EVENT WILL SHANDA, ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, OR DISTRIBUTORS (EACH, A "RELEASED PARTY") BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NOTHING CONTAINED IN THIS AGREEMENT LIMITS A RELEASED PARTY'S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM A RELEASED PARTY'S NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD). SHANDA IS ACTING ON BEHALF OF ITS SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS AGREEMENT, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE.
6. Term and Termination. The term of this Agreement commences upon your installation of the Software and continues until terminated. You may terminate the Agreement at any time by (i) permanently destroying all copies of the Software in your possession or control; (ii) removing the Software from your hard drive; and (iii) notifying Shanda of your intention to terminate this Agreement. Without prejudice to any other rights, Shanda may terminate this Agreement at any time for any reason or no reason; provided the Shanda, in the case of a termination for convenience, refunds or otherwise credits to you pre-paid amounts or other compensation that the Shanda has received from you, but not yet earned, as of the termination for convenience. In such event, you must immediately and permanently destroy all copies of the Software in your possession and control and remove the Software from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.