End User License Agreement YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. This software program (the "Program"), any printed materials, any on-line or electronic documentation (the "Manuals"), and any and all copies and derivative works of such software program are the copyrighted work of Linux Game Publishing LTD and its licensors. All rights reserved, except as expressly stated herein. All use of the Program is governed by the terms of this End User License Agreement ("License Agreement"). The Program is solely for use by end users according to the terms of the Licence Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the Licence Agreement is expressly prohibited. 1. Limited Use License. Linux Game Publishing ("LGP") 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, business, or portable computer. 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, and any related documentation, and "applets" incorporated into the Program) are owned by LGP and its licensors. The Program is protected by the copyright laws of the United Kingdom, international copyright treaties and conventions and other laws. All rights are reserved. The Program contains certain licensed materials and LGP's licensors may protect their rights in the event of any violation 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, modify, disassemble, decompile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior written consent of LGP. 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 LGP; or (ii) exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber cafe, computer gaming center or any other location-based site. LGP may offer a separate Site License Agreement to permit you to make the Program available for commercial use. Contact LGP for details. 4. Program Transfer. You may transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement. 5. Termination. The License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program. LGP 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. 6. Export Controls. The program may not be re-exported, downloaded, otherwise exported into (or to a national or resident of) any country to whom it would be illegal to export the Program under UK law. 7. Limited Warranty. Except as expressly and unambiguously set forth in this paragraph 7, LGP and its licensors disclaim any warranty for the Program, Editor and Manual(s). The Program, Editor and Manual(s) are provided "as is" without any 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, Editor, and Manual(s) remains with the User, however LGP 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 proves to be defective during that time period, and upon presentation to LGP of proof of purchase of the defective Program, LGP will at its option: (i) correct any defect; (ii) provide a replacement copy of the same product; or (iii) refund your money. 8. Limitation of Liability. NEITHER LGP, ITS LICENSORS NOR ANY PARENT, SUBSIDIARY OR AFFILIATE OF THE FOREGOING SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, EDITOR, AND MANUAL(S) INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. 9. Equitable Remedies. You hereby agree that LGP would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that LGP 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 LGP may otherwise have available to it under applicable laws. In the event that 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, attorney's fees and other expenses incurred by such prevailing party in the litigation. 10. Limitations on License. Nothing in this License Agreement shall preclude you from making or authorizing the making of copies of the Program provided, however, that all copies are complete and exact copies of the original, including this license. 11. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the United Kingdom and any dispute arising hereunder shall be resolved in accordance with the laws of the UK. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in the appropriate court located in Nottingham, England, 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 shall 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 constituted 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 forgoing License Agreement and agree that the action of installing the Program is an express acknowledgment of your agreement to be bound by the terms and conditions of this License Agreement. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between you and LGP and that this License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between you and LGP. Linux Game Publishing LTD 17 Rossington Road Nottingham, NG2 4HX, England