SWAT™ 4 is the next installment of the successful tactical first person shooter franchise. SWAT™ 4 will have new features, like multi-player and co-op modes while still maintaining the features people love about the previous SWAT™ titles. Combining the high degree of tactical gameplay with an extensive tutorial, quick-start action mode, and adjustable tactic levels SWAT™ 4 will be sure not to disappoint!
This patch has been archived by the uploader because it is out of date and no longer supported. We recommend you browse the file list for the latest patch.
Spanish version of the patch.
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Vivendi Universal Games
SWAT 4
README.TXT (Patch 1.1)
(Last Modified - 06.08.05)
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Thank you for buying SWAT 4. This README file contains information not
included in the game's manual.
The product version number can be found in the file "Release.txt" included in
the installation, in the same directory as the Swat4.exe executable.
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Table of Contents
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1. Minimum/Recommended Specifications
2. Single Player Notes
2.1 SWAT Manual
2.1.1 The SWAT Editor
2.1.2 Playing SWAT 4
2.2 Commanding your team
2.3 Securing Evidence
2.4 Using Tactical Equipment
2.5 Taking Damage
2.6 Reporting to TOC
2.7 Snipers and Viewports
2.8 Pause and Objective Screen
2.8.1 Completing and Failing Missions
2.8.2 Scoring
2.9 Tips and Tricks
2.10 Sharing Quick Missions with other people
3. Multiplayer Notes
3.1 Hosting a server behind a firewall
3.2 Scrolling through the chat window
3.3 Running a dedicated server
3.4 Kicking and banning players
4. Known Issues
4.1. Installing video drivers
4.2. Installing sound drivers
4.3. Installing DirectX
4.4. Known problems
5. Patch Notes
5.1. Changes made With Patch (1.1)
6. Important Web Sites, Contact Information and Technical Support
6.1. Contacting GameSpy
6.2. Contacting Sierra
6.3. Other Important websites
7. Warranty and Legal Information
8. Copyright
9. End-User License Agreement
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1. Minimum/Recommended specifications
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-Minimum Configuration:
Windows 98SE, Windows® 2000 with Service Pack 3, or Windows® XP with
Service Pack 1
DirectX® 9.0c
1.0 GHz Intel® Pentium® III, Intel® Celeron® 1.2 GHz, AMD® Athlon™ 1.2
GHz,
or equivalent
256 MB RAM
32 MB NVIDIA® GeForce™ 2 (MX 200/400 not supported), 64 MB ATI® Radeon™
8500,
or equivalent
DirectX® 8.1 compatible sound device
2 GB hard drive space
Windows®-compatible mouse
56kbps modem for online play (Cable modem or DSL recommended)
-Recommended Configuration:
Windows® 2000 with Service Pack 3, or Windows® XP with Service Pack 1
DirectX® 9.0c
2.4 GHz Intel® Pentium® 4, AMD® Athlon™ XP 2500+, or equivalent
512 MB RAM
128 MB DirectX® 9.0 compatible graphics card (NVIDIA® GeForce™ 4 TI,
ATI®
Radeon™ 9500, or equivalent recommended)
DirectX® 9.0 compatible sound device
2.5 GB hard drive space
Windows®-compatible 3-button mouse
Cable modem or DSL for online play
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2. Single Player Notes
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2.1 SWAT 4 Manual
The SWAT 4 manual is in Adobe Acrobat PDF format. This file can be viewed by
installing Adobe's free Acrobat Reader software. This software can be
downloaded
from www.adobe.com..
- Manual Corrections
On Page 14 of the manual, there is incorrect text. The last line of the first
paragraph should read "All scenarios must be placed in the scenario folder for
them
to show up in the Edit menu. These scenarios can be played by clicking on
"Play Quick Mission"".
2.1.1 The SWAT Editor
The SWAT 4 Editor is included with your purchase of SWAT 4. This editor and any
other
development tools are not supported.
Known Issues with the SWAT Editor:
- Using the Texture Browser to open files other than UTX files will cause
a crash.
- Selecting and copying a SwatMPStartCluster with other map elements
to a new or existing map will cause a crash.
2.1.2 Playing SWAT 4
SWAT is a life saving organization. The use of lethal force should be
restricted
only to when the lives of the officers or innocent civilians are at stake. The
use of lethal firearms should only be used in defense of life. The first
course
of action for any SWAT officer when encountering any suspects in the field is
to
shout compliance (Default Key: Middle Mouse Button while crosshairs are placed
on target) to allow the suspect an opportunity to surrender
peacefully.Civilians
must also be asked to comply at the scene of a crime in order to ensure their
safety as well as the safety of others. Once compliant, an individual may be
handcuffed by an officer. Both suspect and hostages should be handcuffed by
the
officers before the area is considered clear.
In order to satisfy the “Bring order to chaos” objective that is present on
all
career missions, all suspects must be arrested or neutralized. If suspects are
neutralized while compliant or before being given the chance to comply, a score
penalty for violating SWAT protocol will be imposed at the end of the mission.
To complete any civilian rescue objectives (“Rescue all of the civilians” or
the rescue of specific named person) the civilian(s) must be compliant and
handcuffed. If any civilians are killed during a mission, the mission will be
failed.
2.2 Commanding your team
As the “Element Leader” of your SWAT team, you are able to command your AI
team
members. The aid of the AI officers in your element is crucial to your
survival
and success. Your element is divided into blue and red teams, each with two
officers. You may choose to give commands to the teams separately using the
toggle command targets key (Default Key: TAB) or to the element as a whole
(known as “Gold”).
The quick command box at the lower right hand corner is context sensitive and
will change depending on what your crosshairs are targeting. The color of the
square indicates which team will receive your command. Pointing your crosshair
at a door will default to the “Open and Clear” command appearing in this box
and then pressing the quick command key (Default Key: SPACE BAR) will send the
command to your team mates. Most general orders can be given with the quick
command key.
The graphical command interface can be used (Default Key: Right Mouse Button)
to give more specialized commands to your team members. Targeting a door and
holding the graphical command interface button will give you more options than
are available to you via the quick command box. You can order your team to
open
a door and deploy multiple types of grenades before actual entry into a room,
use their optiwand to mirror under the door for threats (if equipped in the
pre-assault equipment loadout menu), and much more.
2.3 Securing Evidence
During a mission, neutralized and compliant suspects will drop their weapons
on
the ground. These weapons can be secured by walking up them, targeting them,
and pressing the use key (Default Key: Middle Mouse Button). You can also
order
your team members to secure weapons for you. There may also be objective items
or weapons in a mission that need to be secured before the objective can be
completed.
2.4 Using Tactical Equipment
The use of tactical equipment is critical for successfully completing
missions.
Locked doors can be breached by the player by moving up to the door and
targeting the lock. Targeting the lock high will display a BREACH icon on the
screen, and pressing and holding FIRE (Default Key: Left Mouse Button) will
result in your officer employing a noisy breaching item on the door (such as
a C2 Explosive). Targeting the lock low will display a LOCKPICK icon on the
screen, and pressing and holding FIRE will result in your officer picking the
lock. Targetting the foot of a door will display an OPTIWAND icon on the
screen
(if the optiwand was selected in your inventory during the pre-mission
loadout),
and pressing and holding FIRE will result in your officer deploying the
optiwand
to mirrow under the door (while mirroring, move the mouse to look around with
the wand). Your AI officers can also be ordered to use their various tactical
items during gameplay.
2.5 Taking Damage
When you take damage during a mission, the image of your officer in your heads
up display (HUD) will flash red in the area which sustained the damage. Taking
damage to different areas of the body will result in different negative
effects.
Taking damage to either arm will lower your aiming accuracy which is reflected
in the targeting reticule not being able to close as tightly as it would if
you
were uninjured. Taking damage in your legs will result in slower movement. If
you take too much damage during a mission, you will be killed and the mission
will be failed.
2.6 Reporting to TOC
Anytime the status of any persons during a mission changes, the new status
should be reported to TOC. Any civilians or suspects injured, dead, or arrested
must be reported by targeting them and pressing the use key (Default Key:
Middle
Mouse Button). If any of your team members are incapacitated during a mission,
not reporting them to TOC will result in a score penalty at the end of the
mission.
2.7 Snipers and Viewports
In any mission where snipers are present, the snipers will radio in suspect
sightings when they occur. When this happens, you can press the toggle sniper
viewport key (Default Key: PAGE UP) to immediately bring up the viewport of
the
last reported highground sighting. You can also bring up the sniper viewport
at
any time by using the same key. Some missions have multiple snipers you can
toggle through. When looking through a sniper viewport, the control viewport
key
(Default Key: CAPS LOCK) will enlarge the viewport and allow you to control
the
snipers with the mouse. When controlling the sniper viewport, the right mouse
button is used to control the zoom of the rifle.
You can also toggle viewports for each of your AI team members. Each officer
has
a helmet camera that you can use to see the world from their point of view.
You
can toggle through the helmet cams of the officers on both red team (Default
Key:
INSERT) as well as blue team (Default Key: HOME). When controlling your
officers
through their viewports, you can give commands to your officers remotely and
employ more complex multi-team tactics (such as seizing control of a room that
has multiple entrances).
2.8 Pause and Objective Screen
Pressing ESCAPE or the Display Objectives and Scores key (Default Keys: B, M,
and O) will bring up the objective screen. This screen will show the status of
your mission objectives, display the procedures totals, give you the status of
all the officers in your element, and show you the available map for the
current
mission. When using the ESCAPE key to access this screen, you will also have
the
option of changing your game settings and aborting the current mission.
2.8.1 Completing and Failing Missions
Once all objectives are completed during a mission, a message will appear to
notify you that the mission can be completed. To end the mission, press the
ESCAPE key and click the DEBRIEF button. It is recommended that you secure all
weapons and report all statuses to TOC before debriefing to increase your final
score. If you fail any of your mission objectives, you can end the mission in
the same way although you can keep playing through the level if you choose
(you
cannot successfully finish the mission until you restart the mission and
complete all the objectives). You can fail a mission by failing any mission
objective, or by being killed.
2.8.2 Scoring
Your best score for every mission on each difficulty is saved and can be viewed
from the MISSION menu. You can get a better score by not injuring suspects or
civilians, by keeping yourself and your officers uninjured, and by securing
all
weapons and reporting all statuses to TOC.
2.9 Tips and Tricks
• The optiwand is a critical tool. If you do not plan to carry a wand,
it is a good idea to make sure more than one AI officer is carrying an
optiwand in case one with the wand is incapacitated during a mission.
• It is a good idea to optiwand around blind corners. Your AI officers
can also be ordered to optiwand around most corners.
2.10 Sharing Quick Missions with other people
Quick Missions are saved in Pack files, which have the ".pak"
extension. Pack files can contain any number of Quick Missions.
Pack files are located in the
where
a Quick Mission pack with another person, just send the appropriate
pack file to this person and ask them to place it in their
Once they have done so, the Quick Missions in that pack will
automatically be available the next time the Play Quick Mission option
or the Quick Mission Maker option is selected from the SWAT 4 Main
Menu.
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3. Multiplayer Notes
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3.1 Hosting a server behind a firewall
The supported method of hosting a server for a network game is to use a
configuration in which all network traffic is sent directly to the hosting
computer. Users with firewalls on their network should configure their network
such that the hosting computer meets these requirements. More specifically, in
order to host a game behind a firewall, outgoing UDP and TCP traffic must be
enabled without restriction, and all UDP traffic (incoming and outgoing) on
ports 10480, 10481, 10482, and 10483 must be forwarded through to the hosting
computer.
Many commercial firewalls have an option to place particular computers in the
"DMZ", which disables network filtering and meets these requirements. If you
are
having problems hosting behind a firewall, it is suggested that you try
placing
your computer in the DMZ while hosting.
Users running Windows XP with Service Pack 2 may experience a warning from the
Windows XP software firewall when hosting a server. If given the option,
they must tell Windows XP NOT to block traffic for SWAT4.exe, or else they will
not be able to host a network game.
3.2 Scrolling through the chat window
The arrow keys can be used to scroll up and down the chat message window in
multiplayer games. To do this, press the ESCAPE key to go to the SCORE screen
while in a multiplayer match. Click on the chat message window and use the up
and
down arrow keys to scroll up and down through the previous messages.
3.3 Running a dedicated server
SWAT 4 can be run as a dedicated server if the 'Run as Dedicated Server'
checkbox
is selected in the Host Game menu. Upon launching the server, SWAT 4 will exit
and the dedicated server icon will appear in the Windows system tray located in
the Windows taskbar (which is, by default, near the bottom right of the
desktop).
By right-clicking on this icon, server administrators can exit the dedicated
server, open the server console, or modify server options.
Server settings on a dedicated server can be changed remotely by clients in
game
who are logged in as an administrator. If you wish to allow players (including
yourself) to act as administrators on your dedicated server, you must set an
administrator password. The administrator password must be set in the Admin
Password
field (also located in the Host Game menu) prior to launching the dedicated
server.
(Note: the dedicated server can also be launched by double-clicking
Swat4DedicatedServer.exe, which is located in the same directory as Swat4.exe.
When launching this way, the dedicated server will launch with the last saved
server
settings. To close the dedicated server, right click on the icon and select
"Exit Swat4Server").
It is recommended that when hosting a game normally or through a dedicated
server
that the host be on a broadband connection.
3.4 Kicking and banning players
There are several console commands that can be used to kick players
off of a server, or to kick them and ban them from rejoining. To use
these commands, you must be logged in as a server adminstrator (using
the "Admin Login" button on the multiplayer scores screen).
To use each command, you must first open the console (by presssing the
"`" key), then type the command, and then press the Enter key to
execute the command and close the console.
Command List:
-------------
Kicking a player by name: KICK PLAYERNAME
Kicking and banning a player by name: KICKBAN PLAYERNAME
Kicking a player by ID: KICKID PLAYERID
Kicking and banning a player by ID: KICKBANID PLAYERID
In each of these cases, PLAYERNAME is the name of the player you wish
to kick and/or ban, and PLAYERID is the player identification number
of the player you wish to kick and/or ban.
To show player identification numbers, type the command: SHOWIDS After
typing this command (and if you are a logged in as a server
administrator), the player identification number will show up in
brackets in the multiplayer scores screen, immediately to the left of
each player's name. For example, after typing SHOWIDS, a player who is
named "SwatFan" will show up in the multiplayer scores screen as
"[#]SwatFan" (where # is his player identification number, between 0
and 15). Typing KICKID # will then kick that player from the server.
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4. Known Issues
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4.1. Installing video drivers
If you experience any graphical problems, please install the latest video
drivers available for your video card. Links to the most popular video card
manufacturers are available at the bottom of this document.
--------------------------------------------------------------------------------
4.2. Installing sound drivers
If you experience any sound problems, please install the latest sound
drivers available for your sound card. Links to the most popular sound card
manufacturers are available at the bottom of this document.
--------------------------------------------------------------------------------
4.3. Installing DirectX
SWAT 4 needs DirectX 9.0c or later to run properly. To get the latest
version of DirectX, please visit:
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4.4. Known Problems
Alt-Tab
-Using Alt-Tab to minimize the game and/or switch to another application
is not supported by SWAT 4. Although it may occasionally work fine,
there are many known problems that can occur. Use it at your own
risk.
Alt-Enter
-Using Alt-Enter to play in windowed mode is not supported by SWAT 4.
Alt-F4
-Using Alt-F4 to exit the game is not supported by SWAT 4.
Multiple users under Windows XP
-SWAT 4 does not allow multiple users to be playing SWAT 4 simultaneously on
the same computer using different user accounts under Windows XP.
Installing the application under an administrator account
-If you install the application using an Administrator account, the game can
only be played under a user account with Administrator privileges.
Mouse Focus Changing to Other Programs
-If your mouse occasionally changes focus to other applications, make sure
that
these applications are not set to "Always on top." This may include the
taskbar, instant-messaging utilities, and email programs that display
pop-up notification when mail arrives.
GeForce 2 MX: Shadows do not render properly at Medium or High detail.
-Due to limitations on the GeForce 2 MX line of video cards, there is a known
issue where shadows do not render properly with Dynamic Shadow Detail set to
Medium or High. Setting Dynamic Shadow Detail to Low will fix the problem.
Windows 98SE and Nvidia® drivers
-Users running Windows 98SE and an Nvidia® video card may experience graphical
flickering and distortion when trying to run SWAT 4 at a resolution greater
than
800x600. This issue is the result of a known fault within the Nvidia® drivers.
Upgrading your Nvidia® drivers to version 71.89 or better will correct this
problem.
AMD64® Processors and Nvidia® video cards
-Users of AMD64® Processors and Nvidia® video cards may experience issues upon
exiting
SWAT 4. These issues are the result of a known fault within the Nvidia®
drivers.
Upgrading your Nvidia® drivers to version 71.89 or better will correct this
problem.
Windows 98SE and Sound Blaster® Audigy®
-Users running Windows 98SE and a soundcard from the Sound Blaster® Audigy®
family
of cards may experience intermittent sound skipping. It is recommended that you
upgrade your operating system to at least Windows® 2000 to fix this problem.
UnInstalling SWAT 4
-When selecting the option "Delete the entire SWAT 4 directory" everything
within the
folder SWAT 4 is installed to will be deleted. For this reason, it is
recommended
that you install SWAT 4 to its own directory and not within the desktop or any
system
specific folders.
Antivirus Software
-Some antivirus software may interfere with the installation and
uninstallation
of SWAT 4. It is recommended that any antivirus software be disabled before
installing or uninstalling SWAT 4.
Black Screen seen while loading
-SWAT 4 might take some time to load so you might see a black screen or loading
screen
for some time. Please be patient and let the game load for some time. Depending
on
your computer specifications it might take a few seconds or a few minutes for
PC's near
to or below the minimum system requirements.
Lock-Up/Freeze accompanied by an audible Windows error message
-Be sure to set your firewall permissions for SWAT 4 BEFORE you launch the
game.
(Please see section "3. Multiplayer Notes" for more SWAT 4 information
pertaining to
firewalls.) Also, please note that when using the firewall client provided
with
Service Pack 2 (Windows XP), SWAT 4 can be added to the list of exceptions
(this can be
done via the "Firewall" option under "Control Panel" via Windows).
Windows XP Service Pack 2
-Some machines running Microsoft Windows XP Service Pack 2 exhibit a conflict
between Service Pack 2 and InstallShield, resulting in a failed installation.
If the SWAT 4 installer stops at the "Publishing Product Information" window,
then fails, please try the following options in order:
* Install the latest Windows Updates & drivers for your hardware, then run
the SWAT 4 installer (please refer to section 5.3, Other Important
websites).
* Temporarily disable the Windows Firewall, then run the SWAT 4 installer.
* Remove Service Pack 2, run the SWAT 4 installer, and reinstall Service
Pack 2.
To remove Service Pack 2:
1. Click Start -> Control Panel -> Add or Remove Programs
2. Click to select the Show Updates check box.
3. Click Windows XP Service Pack 2, and then click Remove.
4. Follow the instructions on screen to remove Windows XP SP2.
For more information, please refer to the following Knowledge Base Article:
How to remove Windows XP Service Pack 2 from your computer
Support.microsoft.com
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5. Patch Notes
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5.1. Changes made With Patch (1.1)
* Added multi-player versions of 3 single-player missions
* MP-ConvenienceStore
* MP-Hotel
* MP-JewelryHeist
* Added the SWAT 4 SDK, available as 'SWAT4_SDK.zip' in the SWAT 4
installation
directory (PLEASE NOTE THAT THE SDK IS NOT SUPPORTED!!!)
* Added Massive Streaming Ad Support
* Fixes for several exploits
* Fixed UMP .45 JHP ammunition to have correct ballistics properties
* ToggleBehindView console command no longer works in multiplayer
* Fixed potential wallhack exploit
* Fixed recoil negation keybinding exploit
* Fixed exploit that allowed players to make themselves appear to be
arrested
* Improved validation for game content (INI files and binary packages)
* Fixed crash in FD3DTexture::Cache
* Fixed problem where kicking by ID would kick the wrong person
* Fixed problem where player IDs would not display in the GUI in co-op games.
* Admins can now set up to 256 IP Policies (i.e., for banning players) instead
of the
previous limit of 50.
* Fixed problem where servers with 16/16 players would still show up when
"Filter out
full servers" was enabled
* Fixed problem where incorrect server information would be returned when ping
filtering
was enabled
* Fixed problem where only Rapid Deployment games would be returned when
filtering servers
for the Co-op game type
* Fixed several issues related to language localization
* Fixed issue with character not appearing in Russian localized SKU
* Fixed cases where some game strings were localized preventing them from
being
properly translated in some regions
* Fixed issue where server password characters were restricted in then password
popup
dialog but not in the server setup page. Server password characters are now
completely
unrestricted.
* Fixed problem where if you switch from Internet to LAN during a server
browser refresh
some Internet servers would show up in the LAN listing
* Fixed a problem where equipment selection would not work correctly in certain
situations
* Fixed problem where if your voice type was set to Random it would change
in-game every
time you pressed the o, m, or b keys
* Removed unused network uplink code that was not necessary but would cause
problems
when enabled in INI files
* Fixed problems with mirrors in the MP-Hotel map
* Functionality added for Intel 915G/945G cards for SWAT 4
* Increased default timeout for clients when reconnecting to a server. This
should reduce
the likelihood of users being disconnected during map changes due to long load
times on
older machines and some hardware configurations.
* Small load time improvement
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6. Important Web Sites, Contact Information and Technical Support
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6.1 Contacting Gamespy
All installation, purchasing and download issues should be directed to
GameSpy.
--------------------------------------------------------------------------------
6.2 Contacting Sierra
All gameplay related issues should be directed to Sierra.
A) Technical Support
B) Customer Service, Support, and Sales
A) Technical Support
Sierra Entertainment offers an automated technical support line with
recorded answers to the most frequently asked technical questions. To access
this
service, call (800)-630-0811, and follow the recorded instructions to find your
specific topic and resolve the issue. If this fails to solve your problem, you
may
still write or contact us via our Web site.
Sierra Entertainment
Technical Support
4247 South Minnewawa Avenue
Fresno, CA 93725
Main: (800)-630-0811
Monday-Friday, 6:00 a.m.- 6:00 p.m. EST
Support.vugames.com
B) Customer Service, Support, and Sales
All gameplay related issues should be directed to Sierra.
United States:
Phone: (800) 757-7707
Hours: Monday-Friday 6:00 AM to 6:00 PM EST
International:
Phone: (800) 757-7707
Hours: Monday-Friday 6:00 AM to 6:00 PM EST
Sierra Entertainment, Inc.
6060 Center Drive
5th Floor
Los Angeles, CA 90045
Phone: (800) 757-7707
Sierra.com
On-Line Sales
Internet USA: Sierra.com
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6.3. Other Important websites
SWAT 4 official web site:
Swat4.com
SWAT official forums:
Sierra.com
Latest DirectX Runtime:
Microsoft.com
Latest ATI Drivers:
Ati.com
Latest NVIDIA Drivers:
Nvidia.com
Latest Creative Labs Drivers:
Creative.com
Microsoft Windows Update
Windowsupdate.microsoft.com
################################################################################
7. Warranty and Legal Information
################################################################################
You are entitled to use this product for your own use, but may not copy,
reproduce, translate, publicly perform, display, or reduce to any electronic
medium or machine- readable form, reproductions of the software or manual to
other parties in any way, nor sell, rent or lease the product to others
without prior written permission of Sierra. You may use one copy of the
product on a single computer. YOU MAY NOT NETWORK THE PRODUCT OR OTHERWISE
INSTALL IT OR USE IT ON MORE THAN ONE COMPUTER AT THE SAME TIME.
UNAUTHORIZED REPRESENTATIONS: SIERRA WARRANTS ONLY THAT THE PROGRAM WILL
PERFORM AS DESCRIBED IN THE USER DOCUMENTATION. NO OTHER ADVERTISING,
DESCRIPTION, OR REPRESENTATION, WHETHER MADE BY A SIERRA DEALER, DISTRIBUTOR,
AGENT, OR EMPLOYEE, SHALL BE BINDING UPON SIERRA OR SHALL CHANGE THE TERMS OF
THIS WARRANTY.
IMPLIED WARRANTIES LIMITED: EXCEPT AS STATED ABOVE, SIERRA MAKES NO WARRANTY,
EXPRESS OR IMPLIED, REGARDING THIS PRODUCT. SIERRA DISCLAIMS ANY WARRANTY THAT
THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF
MERCHANTABILITY SHALL BE LIMITED TO THE NINETY (90) DAY DURATION OF THIS
LIMITED EXPRESS WARRANTY AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY
DISCLAIMED.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO CONSEQUENTIAL DAMAGES: SIERRA SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF SIERRA IS ADVISED OF OR AWARE OF THE
POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT SIERRA SHALL NOT BE RESPONSIBLE
OR LIABLE FOR LOST PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS INCURRED AS A
RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE
EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL SIERRA'S LIABILITY
EXCEED THE PURCHASE PRICE OF THIS PRODUCT. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
################################################################################
8. Copyright
################################################################################
Copyright (c)2004 Sierra Entertainment, Inc.
(c)1998-2004 Sierra Entertainment, Inc.
Sierra and the Sierra logo are registered trademarks or trademarks of Sierra
Entertainment in the U.S. and/or other countries.
Windows, Windows XP, Windows 2000, and DirectX are either registered trademarks
or trademarks of Microsoft Corporation in the United States and/or other
countries.
NVIDIA and NVIDIA product names are trademarks and/or registered trademarks of
NVIDIA Corporation.
ATI and ATI product and product feature names are trademarks and/or registered
trademarks of ATI Technologies Inc.
AMD, AMD Athlon, and combinations thereof, are trademarks of Advanced Micro
Devices, Inc.
Intel, Pentium III, and Pentium 4 are trademarks or registered trademarks of
Intel Corporation.
Sound Blaster and Audigy are trademarks or registered trademarks of Creative
Technology Ltd. in the United States and/or other countries.
All other trademarks and trade names are the property of their
respective owners.
################################################################################
9. End-User License Agreement
################################################################################
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING
THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CONTACT SIERRA
ENTERTAINMENT CUSTOMER SERVICE AT (800) 757-7707 FOR A FULL REFUND OF THE
PURCHASE PRICE WITHIN 30 DAYS OF THE ORIGINAL PURCHASE.
This software program and any files that are provided by Sierra Entertainment,
Inc., to you by on-line transmission or otherwise to ‘patch,’ ‘update,’ or
modify the software program, as well as any printed materials, on-line or
electronic documentation, and any and all copies and derivative works of such
software program and materials are the copyrighted work of Sierra
Entertainment, Inc., and/or its wholly owned subsidiaries, licensors and
suppliers, (“Licensor”). All use of the Program is governed by the terms of the
End User License Agreement which is provided below ("License Agreement"). The
Program is solely for use by end users according to the terms of the License
Agreement. Any use, reproduction or redistribution of the Program not in
accordance with the terms of the License Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. Licensor hereby grants, and by installing the
Program you thereby accept, a limited, non-exclusive license and right to
install and use one (1) copy of the Program for your use on either a home or
portable computer. The Program also contains a “Campaign Editor” (the "Editor")
that allows you to create custom levels or other materials for your personal
use in connection with the Program ("New Materials"). All use of the Editor or
any New Materials is subject to this License Agreement. In addition, The
Program has a multi-player capability that allows users to utilize the Program
over the Internet via gamespy.com or another gaming network designated by
Licensor (an “On-line Provider”). Use of the Program over gamespy.com or other
On-line Provider is subject to your acceptance of gamespy.com’s or such other
On-line Provider’s Terms of Use Agreement as may be updated or modified at any
time. The Program is licensed, not sold. Your license confers no title or
ownership in the Program.
2. Ownership. All title, ownership rights and intellectual
property rights in and to the Program and any and all copies thereof (including
but not limited to any titles, computer code, themes, objects, characters,
character names, stories, dialog, catch phrases, locations, concepts, artwork,
animations, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, any related documentation, and “applets” incorporated
into the Program) are owned by Licensor or its licensors. The Program is
protected by the copyright laws of the United States, international copyright
treaties and conventions, and other laws. All rights are reserved. The Program
contains certain licensed materials, and Licensor’s licensors may protect their
rights in the event of any violation of this Agreement. The Program may access
websites owned, controlled by, or operated by licensed affiliates of Licensor,
and receive patches and/or updates to the Program from these websites. All
patches, updates or other downloadable material used by, or incorporated into,
the Program are the copyrighted property of Licensor, who reserves all rights
therein, and shall be governed by the terms and conditions of this Agreement.
3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove, you may not, in
whole or in part, copy, photocopy, reproduce, translate, reverse engineer,
derive source code from, modify, disassemble, decompile, create a source code
equivalent of, create derivative works based on, or remove any proprietary
notices or labels from the Program without the prior consent, in writing, of
Licensor.
B. The Program is licensed to you as a single product. Its
component parts may not be separated for use on more than one computer.
C. You are entitled to use the Program for your own use, but
you are not entitled to:
(i) sell, grant a security interest in or transfer reproductions of the
Program to other parties in any way, nor to rent, lease or license the Program
to others without the prior written consent of Licensor;
(ii) exploit the Program or any of its parts for any commercial purpose,
including, but not limited to, use at a cyber café, computer gaming center or
any other location-based site (Licensor may offer a separate Site License
Agreement to permit you to make the Program available for commercial use;
contact Licensor for details);
(iii) use or allow third parties to use the Editor and the New Materials
created thereby for commercial purposes, including, but not limited to,
distribution of New Materials on a stand-alone basis or packaged with other
software or hardware through any and all distribution channels, including, but
not limited to, retail sales and on-line electronic distribution, without the
express written consent of Licensor;
(iv) host or provide matchmaking services for the Program or emulate or
redirect the communication protocols used by Licensor in the network feature of
the Program, through protocol emulation, tunneling, modifying or adding
components to the Program, use of a utility program or any other techniques now
known or hereafter developed, for any purpose, including, but not limited to,
network play over the Internet, network play utilizing commercial or
non-commercial gaming networks, or as part of content aggregation networks,
without the prior written consent of Licensor; and
(v) create or maintain, under any circumstance, more than one simultaneous
connection to any hosting service utilized for on-line play. All such
connections, whether created by the Program or by other tools and utilities,
may only be made through methods and means expressly approved by Licensor.
Under no circumstances may you connect, or create tools that allow you to
connect, to the hosting service’s private binary interface or interfaces other
than those explicitly provided by Licensor for public use.
4. Massive Content. The Program incorporates the technology of Massive
Incorporated ("Massive") that enables certain “in-game” objects (e.g.,
advertising) to be temporarily uploaded to your PC or gaming console and placed
“in-game” while you are on-line. As part of that process, no personally
identifiable information about you is collected and only select non-personally
identifiable information is temporarily stored by Massive. This information
that is collected and temporarily stored by Massive is not used to determine or
derive personally identifiable information about you. For full details, see
Licensor’s privacy policy at www.vugames.com/corporate_policy.do and Massive's
privacy policy at www.massiveincorporated.com/site_network/privacy.htm..
5. Program Transfer. You may permanently transfer all of your rights
under this License Agreement, provided the recipient agrees to the terms of
this License Agreement and you agree to remove the Program and any New
Materials from your home or portable computer.
6. Termination. This License Agreement is effective until terminated. You
may terminate the License Agreement at any time by destroying the Program and
any New Materials. Licensor may, at its discretion, terminate this License
Agreement in the event that you fail to comply with the terms and conditions
contained herein. In such event, you must immediately destroy the Program and
any New Materials.
7. Export Controls. The Program may not be re-exported, downloaded or
otherwise 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’s
list of Specially Designated Nationals or the U.S. Commerce Department’s Table
of Denial Orders. By installing the Program, you are agreeing to the foregoing
and you are representing and warranting that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
8. Customer Service/Technical Support. "Customer Service" as used herein
may be provided to you by Licensor representatives by telephone and/or by
electronic message (e-mail). "Technical Support" may be provided to you by
Licensor by telephone, by electronic message (e-mail), or by posting of
information related to known technical support issues on a website. Unless
otherwise stated in the Program's packaging or in the Program's user manual,
nothing herein shall be construed so as to place a duty upon Licensor to
provide Customer Service or Technical Support via a toll-free telephone number
for an unlimited period of time.
9. Duration of the “On-Line” Component of the Program. This Program
contains an “on-line” component that allows you to utilize the Product over the
Internet utilizing servers and software maintained by Licensor and or its
affiliates. Licensor may, in its sole discretion, provide the servers and
software technology necessary to utilize the “on-line” component of the
Program, or Licensor may license to third parties the right to provide the
servers and software technology necessary to utilize the “on-line” component of
the Program. However, nothing contained herein shall be construed so as to
place an obligation upon Licensor to provide the servers and software
technology necessary to utilize the “on-line” component beyond the time that
the Program is Out of Publication. The term “Out of Publication” as used herein
shall mean that the Program is no longer being manufactured by Licensor.
10. Limited Warranty. Licensor expressly disclaims any warranty for the
Program, Editor and Manual(s). The Program, Editor and Manual(s) are provided
"as is" without warranty of any kind, either express or implied, including,
without limitation, the implied warranties of merchantability, fitness for a
particular purpose, or noninfringement. The entire risk arising out of use or
performance of the Program and Manual(s) remains with the User; however,
Licensor warrants up to and including 90 days from the date of your purchase of
the Program that the media containing the Program shall be free from defects in
material and workmanship. In the event that the media prove to be defective
during that time period, and upon presentation to Licensor of proof of purchase
of the defective Program, Licensor will at its option 1) correct any defect, 2)
provide you with a product of equal or lesser value, or 3) refund your money.
Some states do not allow the exclusion or limitation of implied warranties or
liability for incidental damages, so the above limitations may not apply to
you.
11. Limitation of Liability. NEITHER LICENSOR, THE ON-LINE PROVIDER, NOR EACH
OF ITS RESPECTIVE PARENTS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY
WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, THE
EDITOR OR AN AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO,
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT
MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN
ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, EACH OF
LICENSOR, ITS PARENT AND THE ON-LINE PROVIDER SHALL NOT BE LIABLE IN ANY WAY
FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER
PROFILE INFORMATION STORED ON AN AUTHORIZED ON-LINE GAME NETWORK, INCLUDING
GAMESPY.COM. EACH OF LICENSOR, ITS PARENT, AND THE ON-LINE PROVIDER SHALL NOT
BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE ON GAMESPY.COM OR OTHER
AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO, ISP
DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT
IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some states do not allow the
exclusion or limitation of incidental or consequential damages, or allow
limitations on how long an implied warranty lasts, so the above limitations may
not apply.
12. Equitable Remedies. You hereby agree that Licensor would be
irreparably damaged if the terms of this License Agreement were not
specifically enforced, and therefore you agree that Licensor shall be entitled,
without bond, other security, or proof of damages, to appropriate equitable
remedies with respect to breaches of this License Agreement, in addition to
such other remedies as Licensor may otherwise have available to it under
applicable laws. In the event any litigation is brought by either party in
connection with this License Agreement, the prevailing party in such litigation
shall be entitled to recover from the other party all the costs, attorneys’
fees and other expenses incurred by such prevailing party in the litigation.
13. Limitations on License. Nothing in this License Agreement shall preclude
you from making or authorizing the making of another copy or adaptation of the
Program, provided, however, that (1) such new copy or adaptation is created as
an essential step in your utilization of the Program in accordance with the
terms of this License Agreement and for NO OTHER PURPOSE; or (2) such new copy
or adaptation is for archival purposes ONLY and all archival copies are
destroyed in the event of your Transfer of the Program, the Termination of this
Agreement or other circumstances under which your continued use of the Program
ceases to be rightful.
14. Miscellaneous. This License Agreement shall be deemed to have been
made and executed in the State of California, and any dispute arising hereunder
shall be resolved in accordance with the law of California. You agree that any
claim asserted in any legal proceeding by one of the parties against the other
shall be commenced and maintained in any state or federal court located in the
State of California, County of Los Angeles, having subject matter jurisdiction
with respect to the dispute between the parties. This License Agreement may be
amended, altered or modified only by an instrument in writing, specifying such
amendment, alteration or modification, executed by both parties. In the event
that any provision of this License Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provision will be
enforced to the maximum extent permissible, and the remaining portions of this
License Agreement shall remain in full force and effect. This License Agreement
constitutes and contains the entire agreement between the parties with respect
to the subject matter hereof and supersedes any prior oral or written
agreements.
You hereby acknowledge that you have read and understand the foregoing License
Agreement and agree that the action of installing the Program is an
acknowledgment of my agreement to be bound by the terms and conditions of the
License Agreement contained herein. You also acknowledge and agree that this
License Agreement is the complete and exclusive statement of the agreement
between Licensor and yourself and that the License Agreement supersedes any
prior or contemporaneous agreement, either oral or written, and any other
communications between you and Licensor.