=========================================================
HOT WHEELS(TM) STUNT TRACK CHALLENGE(TM) - README FILE - 05/October/2004
=========================================================
Welcome to Hot Wheels(TM) Stunt Track Challenge(TM), this file contains
information on installing and playing Hot Wheels(TM) Stunt Track Challenge(TM) on your PC.
CONTENTS
1) Installation
2) How to Play
3) System Requirements
4) Compatibility
5) Known Issues
6) Technical Support
7) Credits
8) Acknowledgements
9) Legal Documentation
=========================================================
1) Installation
=========================================================
a) Place the Hot Wheels(TM) Stunt Track Challenge(TM) CD into your
CDROM or DVD drive.
b) If AutoPlay is enabled, inserting the CD will start the
installation program for Hot Wheels(TM) Stunt Track Challenge(TM).
Press the "Install" button to begin the installation, then follow the
on-screen instructions. You will have the option to install GameSpy Arcade,
which you should install if you intend to play Hot Wheels(TM) Stunt
Track Challenge(TM) online.
c) If AutoPlay is disabled, double-click the My Computer icon
on your desktop, double-click the icon for your CD-ROM drive,
and then double-click the Setup icon.
Press the "Install" button to begin the installation, then follow the on-screen instructions.
OR
Click START and then RUN type;
D:\Setup.exe
and follow the on screen instructions.
Please Note: Use D:\ where D:\ is the letter of your CD-ROM drive.
To find out the drive letter for your CD-ROM drive, double click
the MY COMPUTER icon on your windows desktop.
=========================================================
2) How to Play
=========================================================
With the Hot Wheels(TM) Stunt Track Challenge(TM) CD in your CD-ROM or DVD drive
click the Start button and go to
Programs -> THQ -> Hot wheels(TM) Stunt Track Challenge(TM) and then
select the Hot Wheels(TM) Stunt Track Challenge(TM) icon.
If it is the first time you have played the game, you will need to create a
'profile', which will save your progress through the game. You can have more
than one profile if you require, though each must have a unique name.
Subsequently when you play Hot Wheels(TM) Stunt Track Challenge(TM), you can select
the profile you wish to continue playing from the list of saved profiles.
Before you start playing, it is advisable to set up the controls (You can use
the keyboard or a compatible joypad controller to play this game). After you
have created or selected a profile, from the main menu page choose the 'Options'
button, then the 'Control Options' screen. Choose whether you want to use the
keyboard or a joypad (if there are two players, only one can use the keyboard at
a time), then select the "Player 1 controls" button to change either the keyboard
configuration or the joypad button configuration, depending on what you have
selected for Player 1.
Note:
If you are unfamiliar with any terminology present on these options
screen or you just want a quick single player race, you can jump
straight into the game using the default controls, below.
DEFAULT CONTROLS
Interface keys :
Cursor keys - change selection
Enter - select
Escape - go back
Game keys:
Cursor Left - steer left/barrel roll left
Cursor Right - steer right/barrel roll right
Cursor Up - spin forwards
Cursor Down - spin backwards
W - accelerate
S - brake
Space - powerslide
D - Boost
A - two wheels stunt
Q/F1 - camera change
E - camera behind
Enter - Esc
Joypad User Note:
Steer left/barrel roll left and steer right/barrel roll right gaming action may only be
assigned to the directional axis of the joypad and not configured via joypad buttons.
The reverse also applies to the gaming actions powerslide, boost, two wheels,
camera change and camera behind, these gaming actions may not be assigned to the
directional axis of the joypad but can be configured to the joypad buttons.
=========================================================
3) System Requirements
=========================================================
MINIMUM
Windows 98/ME/2000/XP
DirectX 9.0
Pentium III or Athlon 600 CPU
128Mb RAM
16 Bit DirectX 9 compatible sound card
DirectX 9 compatible 3d Graphics Card with 32Mb RAM
8x CD-ROM
RECOMMENDED
Windows 98/ME/2000/XP
DirectX 9.0
Pentium or Athlon 1000 CPU
256Mb RAM
16 Bit DirectX 9 compatible sound card
DirectX 9 compatible 3d Graphics Card with 64Mb RAM
24x CD-ROM
DSL/Cable Modem Connection (required for online play only)
=========================================================
4) Compatibility
=========================================================
GRAPHICS CARD
Hot Wheels(TM) Stunt Track Challenge(TM) has been tested on the
following cards:
nVidia GeForce2 series (Driver version 61.77)
nVidia GeForce3 (Driver version 61.77)
nVidia GeForce3 Ti 200 (Driver version 61.77)
nVidia GeForce3 Ti 500 (Driver version 61.77)
nVidia GeForce4 Ti 4600 (Driver version 61.77)
nVidia GeForce4 Ti 4400 (Driver version 61.77)
nVidia GeForce4 Ti 4200 (Driver version 61.77)
nVidia GeForce4 MX420 (Driver version 61.77)
nVidia GeForce4 MX440 (Driver version 61.77)
nVidia GeForce FX 5200 (Driver version 61.77)
nVidia GeForce FX 5800 (Driver version 61.77)
nVidia GeForce FX 5900 (Driver version 61.77)
ATI Radeon 7200 (Driver version 6.14.10.6483)
ATI Radeon 7500 (Driver version 6.14.10.6483)
ATI Radeon 8500 (Driver version 6.14.10.6483)
ATI Radeon 9500 (Driver version 6.14.10.6483)
ATI Radeon 9600 (Driver version 6.14.10.6483)
ATI Radeon 9700 (Driver version 6.14.10.6483)
ATI Radeon 9800 (Driver version 6.14.10.6483)
Matrox Parhelia (Driver version 1.06.01.se)
Other DirectX compatible 3D cards, may work with Hot Wheels(TM)
Stunt Track Challenge(TM) but have not been tested. At the time of this readme file
the following cards would be expected to work:-
nVidia nForce (Driver version 5.10)
nVidia GeForce4 Ti 4200 (Driver version 61.77)
nVidia nForce2 (Driver version 5.10)
nVidia GeForce4 MX 460 (Driver version 61.77)
nVidia GeForce4 Go (Driver version 61.77)
nVidia GeForce FX 5700 (Driver version 61.77)
ATI Radeon 9000 (Driver version 6.14.10.6483)
ATI Radeon 9200 (Driver version 6.14.10.6483)
**************************************************************************
It is very important that you install the latest drivers
for your card before running Hot Wheels(TM) Stunt Track Challenge(TM) as
there are known problems with older drivers on most of the hardware
listed above.
**************************************************************************
You can download current drivers from the manufacturer websites:
nVidia - http://www.nvidia.com/content/drivers/drivers.asp
ATI - http://www.ati.com/support/driver.html
Matrox - http://www.matrox.com/mga/support/drivers/home.cfm
To download drivers for your laptop or notebook, visit the website
of the manufacturer of your computer.
PERIPHERALS
Hot Wheels(TM) Stunt Track Challenge(TM) has been tested on the
following peripherals:
Microsoft Sidewinder Gamepad Pro (USB).
Microsoft Sidewinder (USB).
Microsoft Sidewinder Precision 2 (USB).
Gravis Xterminator Digital (USB).
Logitech WingMan Extreme Digital 3D ( USB ).
Logitech WingMan Rumble ( USB ).
ThrustMaster FireStorm Dual Power 3 ( USB ).
Other DirectX compatible peripherals, may work with Hot Wheels(TM)
Stunt Track Challenge(TM) but have not been tested.
=========================================================
5) Known Issues
=========================================================
ON-BOARD GRAPHICS HARDWARE
Whilst every effort has been made to ensure compatibility
with all DirectX 9.0 compatible graphics hardware on the
market, older hardware, especially some "on-board" graphics
hardware, may experience performance issues when playing
the game.
To accommodate this as best as possible, it is advised
that the display quality is kept to Low. This can be
checked by inserting the original retail Hot Wheels™ Stunt
Track Challenge™ disc in your CD-ROM drive, and pressing
the Button marked "Display" once the game has been installed.
LAPTOP/NOTEBOOK GRAPHICS HARDWARE
Display drivers for laptops and notebooks are available for
download from your Notebook manufacturer. These drivers
may have been modified to accommodate the specific model's
hardware.
As a result of these modifications, support for a specific
feature may not be incorporated into the latest drivers
available from your laptop manufacturer.
This may cause undesired graphical effects or performance
issues when playing Hot Wheels™ Stunt Track Challenge™, or
the may fail to run, even though the hardware check provided
with the game succeeded.
If you have any questions regarding the features or functionality
of a particular display driver, please consult with your
notebook manufacturer.
DIRECT3D ADVANCED SETTINGS
If you find the screen is a little blurry (especially in the
Gameshow breaks and mainmenu) then you should check your
Display Properties/Advanced. Some 3D cards have options for
Direct3D involving "Wait for vertical sync". If this is
disabled (which is common if you have it setup for performance
rather than quality) then you will get a blurred result.
APPLICATION SWITCHING IN WINDOWS XP
Due to the way DirectInput is implemented on Windows XP machines,
if you use application switching (Alt+Esc, Alt+Shift+Esc) or
"coolswitching" (Alt+Tab, Alt+Shift+Tab) to change back to the
windows desktop when only the game is running, there is a chance
that no mouse cursor will appear on the desktop. This only occurs
when the game is the only application running on your computer.
=========================================================
6) Technical Support
=========================================================
If you are experiencing technical problems with this game,
please contact your local THQ technical support department
from the list below.
U.S. SUPPORT
If you're unable to resolve your problem with the information
found in the "Read Me" file, please contact THQ for assistance.
THQ Customer Service Department
818-880-0456
http://www.thq.com/support/
Live Customer Service Representatives are available to help
you Monday through Friday, 9am to 5pm PST, or you can use
our automated systems by phone or on the web 24 hours a
day, 7 days a week.
Your 5-digit Product Code is located in the back of the manual.
Please have this number ready when you contact Customer Service.
EUROPEAN SUPPORT
Telephone
+44 (0) 870 608 0047
(national/international call rates apply)
Mon - Fri 08:00 to 19:00 GMT
Sat - 09:00 to 17:00 GMT
Online
http://www.thq.co.uk and click on Support.
For us to be able to help you better, please try to be at your
computer screen with the computer switched on and details of
your computer's specifications to hand.
AUSTRALIA
Technical support and Games Hotline: 1902 222 448
(Calls cost $1.80 +GST per minute - higher from mobile/public phones)
or email:
[email protected]
=========================================================
7) Credits
=========================================================
Ryan Storm: Alan Marriott
Climax Studios
--------------
Producers:
Agostino Simonetta
Nick Rodriguez
Alys Elwick
Team Lead/Lead programmer: Tom Williams
Programmers:
Kim Burrows
Richard Coles
Ben Crossman
Mark "Crusher" Flanagan
Peter "Tex" Gartside
Rab Hallett
Phil Yard
Code support:
Matt Flowers
Balor Knight
Manager, Core Technology Group: Sean Hammond
Core Technology Group:
Daniel Harrison
Julian Adams
Chris Caulfield
Jim Callin
Lead Designer: Max Williams
Designers:
Adam Board
Max Harvey
Gregory Bryant
Jon 'Killidge' Millidge
Luke Smith
Lead Artists:
Louis Olivier Mark Stretton Knowles III
Guy Mills
Artists:
Justin Bravery
James Frith
Ryan Guy
Ned Langman
Ben "Hudson" McGrath
Mick McMahon
Paul Meston
Steve Sampson
Robin Scott
Athina Seitani
Paul Shewan
Phil Williams
Video Artists:
Nik Faulkner
Dan Porter
Scriptwriter: Adam Board
Audio Designer and Musician: Steve Rockett
Additional Music: Jason Knight/Thus Music
QA Lead: Chris Bowles
QA Testers:
Tim Birkbeck
Chris Melsher
Administration:
Lynn Horton
Mel Ward
MIS:
James Chapman
Guy Mayhew
Rupert Mills
Studio Head: Tony Beckwith
Development Director: Nick Baynes
Art Director: Craig Gabell
Technical Director: Greg Michael
COO: Gary Liddon
CEO: Karl Jeffery
Special Thanks:
Julia Hinks
The pupils and teachers of Durrington First School and Durrington Middle School
Ghy
Kaos
Nicola
Poppsey-Loppsey
Keith Burrows
Caroline Carter
Pam Diplock
Sarah Faulkner
Catalina Hallett
Aleks Krotoski
Gemma Love
Senor Mayhem
Willow McGrath
Priscilla McGrath
Shervorn Monaghan
Ruth Ratner
Jane, Tyler and Lola Rockett
Cath Scott
Augustina Tetsola
Sam Tolton
Congratulations to:
Pete and Claire
Phil and Gemma
THQ
---
Director, Project Management, Europe: Roger Carpenter
Head of Product Development, Europe: Mike Gamble
Executive Vice President, Worldwide Studios: Jack Sorenson
Submissions Manager: Florence Kum
Assistant Submissions Coordinator: Simon Deal
Director of Quality Assurance: Monica Vallejo
Test Supervisor: Ryan Camu
QA
--
Test Leads:
Christopher M. Owens
Testers:
Patrick Keller
Eric "Kleek" Lane
Scott "Cotty" Tomashek
Anthony "Styraco" Dunnet
Michael "Mr. A. Grabbins" Davis
Jeremy Moseley
Alberto Campo
QA Operations Manager: Mario Waibel
QA Technicians:
James Krenz
Brian McElroy
Mastering Lab Technicians:
Charles Batarse
Glen Peters
Jon Katz
Database Applications Engineer: Jason Roberts
Game Evaluation Team:
Sean Heffron
Matt Elzie
Scott Frazier
Senior Vice President, Worldwide Marketing: Peter Dille
Director, Global Brand Management: John Ardell
Product Marketing Manager: Kevin Hooper
Associate Product Marketing Manager: Ali Bouda
Director, Creative Services: Howard Liebeskind
Senior Media Relations Manager: Jennifer Campana
Packaging Design: Origin Studios
Special Thanks:
Brian Farrell
Phil Wright
Iain Riches
Kish Hirani
Leslie Brown
Brandy A Carillo
Tami Averna
Jenni Carlson
Mattel New Media
----------------
Senior Manager: Patty Masai
Producer: Jonathan Bradbury
Art Director: Dan Owen
=========================================================
8) Acknowledgements
=========================================================
Jordan Russell
Inno Setup
Copyright (c) Jordan Russell 1997-2003
http://www.jrsoftware.org
Brett Paterson
FMOD Sound and Music System
Copyright (c) Firelight Technologies Pty Ltd. 1994-2003
http://www.fmod.org
=========================================================
9) Legal Documentation
=========================================================
Hot Wheels(TM) and associated trademarks and trade dress
are owned by, and used license from,
Mattel, Inc, All Rights Reserved.
Developed by Climax Studios Ltd,
Climax Studios and its logos are trademarks and / or
registered trademarks of Climax Studios Ltd.
Exclusively licensed to and distributed by THQ Inc.
THQ and the THQ logo are trademarks and / or registered
trademarks of THQ Inc. All rights reserved.
All other trademarks, logos and copyrights are
property of their respective owners
This product uses Bink Video Technology
Copyright © 1997-2004 by RAD Game Tools Inc.
=========================================================
10) THQ Inc. Software License Agreement
=========================================================
1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING
THIS SOFTWARE ON YOUR PERSONAL COMPUTER. THIS SOFTWARE LICENSE AGREEMENT
IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU")
ON THE ONE HAND, AND THQ INC. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY
REFERRED TO AS "THQ") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT ENTITLED
"HOT WHEELS™ STUNT TRACK CHALLENGE™," WHICH INCLUDES COMPUTER SOFTWARE AND
ANY ASSOCIATED MEDIA, PRINTED MATERIALS, AND/OR "ONLINE" OR ELECTRONIC
DOCUMENTATION (TOGETHER CALLED THE "SOFTWARE"). BY INSTALLING, COPYING,
OR OTHERWISE USING THE SOFTWARE (OR, IN THE EVENT YOU HAVE PURCHASED THE
SOFTWARE AS CONTAINED ON A CD-ROM, BY OPENING THE PACKAGING MATERIALS THEREOF),
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND AGREE
TO BE BOUND BY ITS TERMS. THE SOFTWARE IS LICENSED, NOT SOLD, TO YOU FOR USE
ONLY UNDER THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF
THIS SOFTWARE LICENSE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND DELETE
ALL COPIES IN YOUR POSSESSION.
2. THQ grants you a non-exclusive, non-transferable license to use one
copy of the Software in the country in which you acquired the Software for your
own personal, non-commercial use, but retains all property rights in the
Software and all copies thereof. All other rights are expressly reserved by
THQ. You may: (i) use the Software on any supported computer configuration,
provided the Software is used on only one (1) such computer; and (ii) permanently
transfer the Software and its documentation to another user provided you retain
no copies and the recipient agrees to the terms of this Agreement. You may not
transfer, distribute, rent, sub-license, or lease the Software or documentation,
except as provided herein; or alter, modify, or adapt the Product or documentation,
or any portions thereof.
3. You acknowledge that the Software in source code form remains a confidential
trade secret of THQ. You agree not to modify or attempt to reverse engineer,
decompile, or disassemble the Software, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation.
4. OWNERSHIP: All right, title and interest and intellectual property rights
in and to the Software (including but not limited to any titles, computer code,
themes, objects, characters, character names, stories, dialog, catch phrases, locations,
concepts, artwork, images, photographs, animations, video, sounds, audio-visual effects,
music, musical compositions, text and "applets," incorporated into the Software), the
accompanying printed materials, and any copies of the Software, are owned by THQ or
its licensors. This Agreement grants you no rights to use such content other than as
part of the Software. All rights not expressly granted under this Agreement are
reserved by THQ.
5. This Agreement is effective upon your installation of the Software and shall
continue until revoked by THQ or until you breach any term hereof; upon termination
you agree to destroy and/or delete all copies of the Software in your possession.
6. You shall not modify the Software or merge the Software into another computer
Program (except to the extent the Software is made to operate within a computer operating
system and in connection with other computer program) or create derivative works based
upon the Software.
7. The Software may not be downloaded or otherwise exported or re-exported into
(or to a national or resident of) any country to which the U.S. has embargoed goods
or to anyone on the U.S. Treasury Department list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. If you do not meet these
criteria or are not sure, do not install the software and destroy any copies in your
possession. If you live in such a country, no license is granted hereunder.
8. You are responsible for assessing your own computer and the results to be
obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
THE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES
ARE LEGALLY INCAPABLE OF EXCLUSION. THQ AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE, REGARDING THE SOFTWARE. THQ AND ITS LICENSORS ASSUME NO RESPONSIBILITY
FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR
OTHER MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS CAUSED BY THQ, ITS LICENSORS, LICENSEE
AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN ERRORS AND/OR OMISSIONS.
THQ and its licensors make no warranty with respect to any related software or hardware
used or provided by THQ in connection with the Software except as expressly set forth
above.
9. LIMITED CD-ROM WARRANTY: Notwithstanding anything to the contrary contained
herein, and solely with respect to Software distributed on CD-ROM, THQ warrants to the
original consumer purchaser of this Software on CD-ROM that the recording medium on
which the Software is recorded will be free from defects in material and workmanship for
90 days from the date of purchase. If the recording medium is found defective within
90 days of original purchase, THQ agrees to replace, free of charge, any product discovered
to be defective within such period upon its receipt of the product, postage paid, with proof
of the date of purchase, as long as the Software is still being manufactured by THQ.
In the event that the Software is no longer available, THQ retains the right to substitute
a similar Software of equal or greater value. This warranty is limited to the recording
medium containing the Software as originally provided by THQ and is not applicable to normal
wear and tear. This warranty shall not be applicable and shall be void if the defect has
arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute
are expressly limited to the 90-day period described above. To receive warranty service in
the United States: Notify the THQ Customer Service Department of the problem requiring
warranty service by calling (818) 880-0456 or on the web at http://www.thq.com. If the THQ
service technician is unable to solve the problem by phone or on the web via e-mail, the
technician will authorize you to return the Product, at your risk of damage, freight and
insurance prepaid by you, together with your dated sales slip or similar proof-of-purchase
within the ninety (90) day warranty period to: THQ Inc., Customer Service Department, 27001
Agoura Road, Suite 325, Calabasas Hills, CA 91301. To receive warranty service in the United
Kingdom: Notify the THQ International Ltd. Customer Service Department of the problem requiring
warranty service by calling +44 (0) 870 608 0047 (national/international call rates apply) or
on the web at http://www.thq.co.uk and click on Support. If the THQ International Ltd. service
technician is unable to solve the problem by phone or on the web via e-mail, the technician will
authorize you to return the Product, at your risk of damage, freight and insurance prepaid by
you, together with your dated sales slip or similar proof-of-purchase within the ninety (90)
day warranty period to: THQ International Ltd., Customer Service Department, Duke’s Court,
Duke Street, Woking, Surrey GU21 5BH UK. THQ is not responsible for unauthorized returns of
the Software and reserves the right to send such unauthorized returns back to customers.
This warranty shall not be applicable and shall be void if: (a) the defect in the Software
has arisen through abuse, unreasonable use, mistreatment or neglect; (b) the Software is used
with computer software and hardware not meeting the minimum systems requirements for
the Software; (c) the Software is used for commercial purposes (including rental);
(d) the Software is modified or tampered with; or (e) the Software's serial number
has been altered, defaced or removed. THQ will replace defective media at no charge
subject to the conditions set forth above. This is your sole and exclusive remedy
for any breach of warranty.
10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THQ AND ITS LICENSORS
SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY THQ OR ITS CONTENT PROVIDERS,
OTHER PARTICIPANTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT
OF THE SOFTWARE. THQ AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE,
OR MALFUNCTION OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER
FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN,
THQ'S AND ITS LICENSORS’ ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH
OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE, IF
ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN
DAMAGES, IN SUCH STATES THQ'S AND ITS LICENSORS’ LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.
11. INJUNCTION. Because THQ would be irreparably damaged if the terms of this License
Agreement were not specifically enforced, you agree that THQ shall be entitled, without
bond, other security or proof of damages, to appropriate equitable remedies with respect
to breaches of this Agreement, in addition to such other remedies as THQ may otherwise
have under applicable laws.
12. INDEMNITY. At THQ's request, you agree to defend, indemnify and hold harmless THQ,
its subsidiaries, affiliates, contractors, officers, directors, employees, agents,
licensors, licensees, distributors, developers, content providers, and other users of the Software,
from all damages, losses, liabilities, claims and expenses, including attorneys' fees,
arising directly or indirectly from your acts and omissions to act in using the Software
pursuant to the terms of this License Agreement or any breach of this License Agreement by you.
THQ reserves the right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you hereunder, and in such event, you shall have
no further obligation to provide indemnification for such matter.
13. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and documentation have been developed
entirely at private expense and are provided as "Commercial Computer Software" or "restricted
computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in
subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR
52.227-19, as applicable. The Contractor / Manufacturer is THQ Inc., 27001 Agoura Road, Suite 325,
Calabasas Hills, CA 91301.
14. TERMINATION. Without prejudice to any other rights of THQ, this License Agreement and
your right to use the Software may automatically terminate without notice from THQ if you fail
to comply with any provision of this Agreement or any terms and conditions associated with the
Software. In such event, you must destroy all copies of this Software and all of its component
parts.
15. GENERAL PROVISIONS. You may not use, copy, modify, sublicense, rent, sell, assign or
transfer the rights or obligations granted to you in this Agreement, except as expressly
provided in this Agreement. Any assignment in violation of this Agreement is void, except
that you may transfer your Software to another person provided that person accepts the terms
of this License Agreement. If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the extent necessary to make it
enforceable, and such decision shall not affect the enforceability of: (i) such provision
under other circumstances, or (ii) the remaining provisions hereof under all circumstances.
THQ's failure to enforce at any time any of the provisions of this Agreement shall in no way
be construed to be a present or future waiver of such provisions, nor in any way affect the
right of any party to enforce each and every such provision thereafter. The express waiver by
THQ of any provision, condition or requirement of this Agreement shall not constitute a waiver
of any future obligation to comply with such provision, condition or requirement. Notwithstanding
anything else in this Agreement, no default, delay or failure to perform on the part of THQ
shall be considered a breach of this Agreement if such default, delay or failure to perform
is shown to be due to causes beyond the reasonable control of THQ. This Agreement shall be
governed by the laws of the State of California and the United States without regard to its
conflicts of laws rules and you consent to the exclusive jurisdiction of the state and federal
courts in Los Angeles County, California. The United Nations Convention on Contracts for
the International Sale of Goods shall not apply to this Agreement. This Agreement represents
the complete agreement concerning this License Agreement between you and THQ.
Download original