Rêve: the Dream Ouroboros - An Oneiric Fantasy RPG

Malcontent Games Legal

Rêve de Dragon is a registered trademark and copyright Denis Gerfaud.

Rêve : the Dream Ouroboros (the "GAME") is an authorized English translation of Denis Gerfaud's French roleplaying game, Rêve de Dragon. Rêve de Dragon is ©1993. Malcontent Games ("MALCONTENT") publishes the GAME under license. MALCONTENT is willing to license Rêve: the Dream Ouroboros to you only on the condition that you accept and agree to all of the terms in this agreement. By downloading the GAME in any of its volumes or editions you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. If you do not agree to these terms, MALCONTENT is unwilling to and does not license the GAME to you. If you do not agree to these terms you must discontinue the download process. If you do not wish to supply true and accurate registration information you must discontinue the registration process. MALCONTENT is contracted to collect accurate registrations for any and all copies of the game downloaded or otherwise issued. Any use of the GAME by you is subject to the terms and conditions set forth herein.

1. LICENSE. Subject to the terms and conditions of this License Agreement, MALCONTENT hereby grants you a nonexclusive license to install and use the GAME in machine-readable form on a single personal computer, provided that if you are an individual, on one or more personal computers in your household or home office owned or controlled by you for use by yourself and immediate family members residing in the same household only. You may copy the GAME only for backup purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the GAME. You may print one copy of the game for your personal use only. Any copyright applicable to the electronic version of the GAME is likewise applicable to your single printed copy.

2. RESTRICTIONS. MALCONTENT retains all right, title, and interest in and to the GAME, and any rights not expressly granted to you herein are reserved by MALCONTENT. You may not copy, excerpt, or translate the GAME, or otherwise attempt to modify the GAME, except to the extent (if at all) expressly permitted under any applicable law and Section 1. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease or loan the GAME. You may not reproduce (except as expressly permitted under Section 1), distribute, modify or create derivative works of or based on the GAME.

3. NO WARRANTY. You expressly acknowledge and agree that the download and use of the GAME is at your sole risk. The GAME is provided "as is" and without any warranty of any kind, express or implied. To the maximum extent permitted under applicable laws, MALCONTENT and any applicable licensors (for the purposes of sections 3, 4 and 5, MALCONTENT and MALCONTENT'S licensor(s) shall be collectively referred to as MALCONTENT) expressly disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MALCONTENT does not warrant that the functions contained in the GAME will meet your requirements, or that the downloading of the GAME will be uninterrupted or error-free, or that defects in the GAME will be corrected. Furthermore, MALCONTENT does not warrant or make any representations regarding the use or the results of the use of the software in terms of its correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by MALCONTENT or its authorized representatives shall create a warranty or in any way increase the scope of this warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply or may be limited.

4. LIMITATION OF LIABILITY. To the maximum extent permitted under applicable laws, under no circumstances, including negligence, shall MALCONTENT, its affiliates or their directors, officers, employees or agents be liable for any indirect, incidental, special, punitive or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of business information and the like) arising out of the downloading or use or inability to use the GAME, even if MALCONTENT or its authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply. In no event shall MALCONTENT'S total liability to you for any and all damages, losses, claims and causes of actions (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by you for the GAME.

5. INDEMNITY. You agree to defend and indemnify MALCONTENT against all any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which MALCONTENT may incur as a result of or in connection with your breach of this Agreement.

6. TERM AND TERMINATION. This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the GAME and all related information. This Agreement terminates immediately and automatically, with or without notice, if you fail to comply with any provision hereof. Additionally, MALCONTENT may at any time terminate this Agreement, without cause, upon notice to you. Upon termination you must delete or destroy all copies of the GAME in your possession. Sections 2 through 5, 7 and 9 survive termination.

7. EXPORT. The GAME contains encryption that may be subject to the laws and regulations of the US Government. Licensee agrees and certifies that neither the GAME nor any other technical data received from MALCONTENT, nor the direct product thereof, will be exported, re-exported, or transferred except as authorized and as permitted by the laws and regulations of the United States Government. Prohibited exports include but are not limited to; the export, re-export, or transfer of the GAME or technical data to any prohibited entities or destinations subject to the US Government's current list of restricted or embargoed countries, any parties currently listed on the US Government's Denied Parties or Specially Designated National list, and any proliferation activities prohibited by the US Government such as chemical, biological, nuclear or missile technology.

8. CONTRACTING PARTIES. If the GAME is installed on any computer owned by a corporation or other legal entity, then this Agreement is formed by and between MALCONTENT and such entity. The individual executing this Agreement represents and warrants to MALCONTENT that they have the authority to bind such entity to the terms and conditions of this Agreement.

9. GENERAL. This Agreement is governed and interpreted in accordance with the laws of the State of Texas without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in Travis County, Texas and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. This Agreement is the entire and exclusive agreement between MALCONTENT and you with respect to the GAME and supersedes all prior agreements (whether written or oral) and other communications between MALCONTENT and you with respect to the GAME.

By downloading the GAME you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.

This legal statement was last updated on 1/13/2005