quote:

While we're quoting, let me quote from the fine print on the MME disc:

"© 1998 Cyan, Inc. All rights reserved. MYST and Cyan are registered trademarks of Cyan, Inc. used under license to Ubisoft Entertainment...."

Fact 1 - On MY original MME disc is written the following:

"© 2000 Mattel, Inc and its licensors. Software copyright 2000 Cyan, Inc. All rights reserved. Mattel Interactive is a trademark of Mattel Inc. All other trademarks are the property of their respective owners."

"Use of this product is subject to certain restrictions and limitations of warranty under the license agreement contained herein."

The disc contains logos of Presto Studios, Mattel Interactive, and Cyan. The ESRB "E" rating and the Quicktime logo are also on the label. The identification number on the label is "379718-CD."

Fact 2 - Nowhere on the disc label is there any reference to Ubisoft. Nor is there any reference to Ubisoft in the user manual. The user manual ID number is "379718-FI."

quote:

Your posted wording is nice, but does not appear in the MYST MASTERPIECE EDITION INSTRUCTION MANUAL, Manual.pdf, in C:\Program Files\Ubi Soft\Myst Masterpiece Edition. Which is what’s available to the “common user” of MME.

My posted wording may be "nice" or "not nice," but it is at least accurate.

Fact 3 - There is no pdf file either on my hard disc or on the MME disc.

FYI, I am pasting the exact wording of the Copyright information from the ReadMe file here:

"5. Copyright Information

© 2000 Mattel, Inc., and its licensors. Software copyright 2000 Cyan, Inc. All rights reserved. Mattel Interactive is a trademark of Mattel, Inc.
Macintosh and Mac are registered trademarks of Apple Computer, Inc.
All other trademarks are the property of their respective owners.

We hope that you enjoy your experience with Myst Masterpiece Edition."

Fact 4 - In support of my previous post, I am pasting the complete License Agreement from the MME Install application here:

"MATTEL LICENSE AGREEMENT


SINGLE-USER PRODUCTS

THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND MATTEL, INC., AND ITS SUBSIDIARIES AND AFFILIATES ("MATTEL"). THIS AGREEMENT IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA (AND NOT BY THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AS AMENDED). BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REMOVE THE PRODUCT FROM YOUR HARD DRIVE AND PERMANENTLY ERASE ALL COPIES OF THE PRODUCT. IF YOU ARE THE ORIGINAL INSTALLER OF THE SOFTWARE YOU MAY PROMPTLY RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) WITH PROOF OF PURCHASE TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND OF THE AMOUNT PAID.

MATTEL SOFTWARE LICENSE

GRANT OF LICENSE. This License Agreement permits you to use one copy of Mattel software (the "Software"), which may include electronic documentation, on a single computer/workstation. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. This License does not constitute a sale and does not authorize a sale of the Software or anything created thereby. All intellectual property (including copyright, trademark and patent) in the Software, including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software, are owned by Mattel and its suppliers and licensors, and are protected by United States laws and international treaty provisions. Mattel and its suppliers and licensors retain all rights not expressly granted. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may transfer your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, and the Software and all associated printed materials, and you retain no copies, and the recipient agrees to all of the terms of this Agreement.
- You may not use the software on or over a network or any other transfer device (including the Internet). Use of the Product on more than one computer constitutes copyright infringement and may be punishable by civil fines, criminal penalties, or both.
- You may not rent or lease the Software, but schools and libraries may lend the Software to third parties provided the Software is in CD format and each end user is given a copy of this License Agreement which will govern the use of such Software.
- You may not modify, translate, reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law.
- You may not remove any proprietary notices or labels in the Software.
- You may not copy the printed materials accompanying the Software or distribute printed copies of any user documentation provided in electronic format.
- You may not publicly perform or publicly display the Software.
The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple versions of the Software for use on different operating systems. Regardless of the type of media you receive, you may use only the portion appropriate for your single-user computer/workstation. In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Software will end, you shall stop using the Software, remove the Software form your computer, and permanently erase all copies of the Software. You may not export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.

LIMITED WARRANTY

LIMITED WARRANTY. Mattel and its suppliers and licensors warrant to the original installer of the Software, for a period of ninety (90) days from the date of purchase, that the media on which the Software is distributed is substantially free from defects in materials and workmanship. ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.

REMEDIES. Your exclusive remedy shall be, at Mattel's sole option, (a) the refund of the amount you paid for the Software or (b) repair or replacement of the Software, provided that the defective Software is returned to Mattel (at Mattel, Inc., 190 Parkway West, Duncan, SC 29334. Telephone: (617) 761-3000) along with proof of the date of purchase within ninety (90) days from the date of purchase. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, neglect or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Except as set forth above, the Software is sold "as-is", without any express or implied warranties of any kind.

LIMITATION OF LIABILITIES. IN NO EVENT WILL MATTEL OR ITS SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MATTEL'S AND ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MISCELLANEOUS

No change or modification of the License will be valid unless it is in writing and is signed by Mattel. The provisions of this Agreement are severable; if any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. If the Software was acquired outside the United States, then local law may apply.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Mattel, Inc., 333 Continental Boulevard, El Segundo, CA, U.S.A. 90245.

IMPORTANT NOTE: In order to receive technical support and notification of product upgrades and enhancements, please register this product."

Fact 5 - There is no reference to Ubisoft in either the Copyright information section of the ReadMe file or in the License agreement, as you can see from the above.

Therefore, I repeat that Ubisoft has no jurisdiction over MME, at least the Mac version published in 2000 and released by Mattel Interactive. If they have later purchased rights to distribute the product, their rules still do not apply to the original release. Obviously you have quoted the copyright, license, etc. from UbiSoft for a different version (PC?) of MME than mine.

I feel that locking the previous thread was unjustified, since I was merely stating facts, as I am here. I do not advocate violating UbiSoft's license agreements for any of its products, but at least the original MME was NOT one of them.