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End-User License Agreement (EULA)

Hazardous Software Inc.
End User License Agreement

THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGALLY BINDING AGREEMENT BETWEEN HAZARDOUS SOFTWARE INC ("HAZARDOUS SOFTWARE") AND YOU, ALONG WITH ANY COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING. THIS AGREEMENT INCLUDES ANY ACCOMPANYING MEDIA, DEVELOPMENT TOOLS, DOCUMENTATION, OR OTHER RELATED MATERIAL PROVIDED BY HAZARDOUS SOFTWARE AS PART OF, OR IN CONNECTION WITH THE GAME SOFTWARE (COLLECTIVELY, THE "GAME").

BY CLICKING THE "I AGREE" BUTTON, OR OTHERWISE INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT AT LEAST 18 YEARS OLD, OR THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18, YOU MAY NOT CLICK THE "I AGREE" BUTTON UNLESS YOU HAVE OBTAINED APPROVAL OF THIS EULA FROM YOUR PARENT OR LEGAL GUARDIAN. IF YOU DO NOT AGREE OR HAVE NOT OBTAINED SUCH APPROVAL, YOU MUST SELECT THE "I DISAGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.

1. LICENSE GRANT AND RESTRICTIONS.

1.1 License Grant. Hazardous Software hereby grants to you a non-exclusive license to use a single copy of the object code version of the Game for your personal, non-commercial entertainment use on one personal computer or other compatible electronic device. This license includes the current version of the Game as well as future versions of the Game that are released by Hazardous Software under the same title, which you may obtain as upgrades without additional charge. This license does not include derivative or other works distributed by Hazardous Software under different titles or with subtitles, such as expansions, sequels, or prequels related to the Game.

Further, Hazardous Software hereby grants you a non-exclusive license to use your licensed copy of the object code version of the Game together with the development tools provided by Hazardous Software (which are considered part of the Game but may be downloaded separately) for the purpose of creating a Game modification (a "Mod"). A Mod consists of items created using the development tools but does not include the object code, graphics, sound, music, documentation, or other media included with the Game as provided by Hazardous Software, and a Mod requires a copy of the Game in order to function. You may reproduce and distribute a Mod on a commercial or non-commercial basis in the form of source code, object code, art, other media, or some combination thereof solely to licensed end-users of the Game or compatible products provided by Hazardous Software. You may not use the name of the Game or any other trademark of Hazardous Software in the title of your Mod, but you may identify your Mod as compatible with the Game.

You may sell or transfer your copy of the Game to another person along with, and subject to, your rights under this EULA, only if you do not retain any copies.

1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy or offer the Game for public display except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game in a manner that infringes the copyrights, trademarks, or other intellectual property rights of Hazardous Software or others in any way; (v) use the Game for illegal activities including, but not limited to, terrorism, libel, pedophilia, and computer trespass; (vi) modify or delete the copyright and other proprietary rights notices on or in the Game; (vii) use software, hardware, modifications to data in the Game, or any other method beyond personal knowledge or personal game-playing ability that enables you to cheat or otherwise gain an unfair advantage over other players while competing with others in playing the Game or using servers, game matching services, or other services provided by Hazardous Software.

1.3 Game Specific Terms and Conditions. For additional terms and conditions that may apply to the Game, such as third-party copyright notices and license information, please review the Readme file included with the Game. The ReadMe file for the Game is hereby incorporated into this EULA by this reference.

2. TERMINATION.

This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control. Hazardous Software may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Game and destroy all copies of the Game.

3. GAME OWNERSHIP.

The Game is the copyrighted proprietary material of Hazardous Software and/or its third-party licensors and is subject to copyright protection under U.S. copyright law and international copyright treaties, as well as other intellectual property laws and treaties. Hazardous Software and/or its third-party licensors retain all right, title, and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.

4. LIMITATION OF LIABLIITY.

ALL RISKS INCURRED FROM USING THE GAME REMAINS WITH YOU, THE USER. HAZARDOUS SOFTWARE EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR THE GAME AND ASSOCIATED MEDIA AND (II) ANY COMMON LAW DUTIES WITH REGARD TO THE GAME, INCLUDING BUT NOT LIMITED TO THE LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. THE GAME AND ALL ASSOCIATED MEDIA ARE PROVIDED ON AN "AS IS" WITH "ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS. THE GAME IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

UNDER NO CIRCUMSTANCES WILL HAZARDOUS SOFTWARE BE LIABLE IN CONNECTION WITH THE WEBSITES, WEB SERVICES, OR ASSOCIATED PRODUCTS AND SERVICES, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Our total liability to you for all losses, damages, and causes of action shall, in no circumstance, exceed the amount received by Hazardous Software from you for the Game, even if Hazardous Software has been advised of the possibility of such damages. Hazardous Software will attempt to ensure that the Game performs without fault on the operating systems, hardware, input devices, and other computing equipment and software as advertised by Hazardous Software, but will in no way be liable for incompatibilities or malfunction arising from products or services provided by third parties.

5. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless Hazardous Software and its employees, officers, directors, and agents from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Game.

6. EXPORT CONTROL.

The Game originates in the United States and is subject to United States export laws and regulations. You may not export or re-export, in whole or in part, the Game to certain countries, persons or entities prohibited from receiving exports from the United States. Additionally, the Game may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.

7. MISCELLANEOUS.

You agree to comply with all United States and foreign laws related to your use of the Game. This is the entire agreement between you and Hazardous Software relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.

8. GOVERNING LAW AND VENUE.

This EULA will be governed by and construed in accordance with the laws of the State of North Carolina, USA, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Except by the sole discretion of Hazardous Software, the venue for any action in connection with the Game or this EULA shall lie exclusively in the state and federal courts located in Wake County, North Carolina USA and you hereby consent and submit to the personal jurisdiction of such courts.

9. NOTICES; HOW TO CONTACT HAZARDOUS SOFTWARE.

The Game is made available to you by Hazardous Software Inc. Hazardous Software may be contacted via its website (http://hazardoussoftware.com).

Copyright © 2009 Hazardous Software Inc. All rights reserved.
Rev. Date December 29, 2009

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