LICENCE TO USE THE MULTIMEDIA PRODUCT

Please read this Licence carefully before installing the game (“Multimedia Product”).
This Licence is an agreement between you, the “User”, and Ubisoft Entertainment and/or its licensors and/or its beneficiaries (“Ubisoft”), which grants the User the non-exclusive and non-transferable right to use the Multimedia Product.
This Licence is valid in the United States of America.
By installing the Multimedia Product, the User undertakes to respect the terms and conditions of the Licence.

1-	The Licence

Ubisoft grants the User a non-exclusive and non-transferable Licence to use the Multimedia Product, but remains the owner of all the rights relating thereto.
Any rights not specifically transferred by this Licence remain the property of Ubisoft.
The Multimedia Product is licensed and not sold to the User, for private use.
The Licence does not confer any right or title to the Multimedia Product and cannot be understood as a transfer of intellectual property rights to the Multimedia Product.

THE MULTIMEDIA PRODUCT IS PROTECTED BY A UNIQUE AND PERSONAL KEY CODE PROVIDED BY UBISOFT TO THE USER (“KEY CODE”). THE USER HEREBY AGREES, ACKNOWLEDGES AND CONSENTS TO THE FOLLOWING REGARDING THE KEY CODE AND THE USE OF THE MULTIMEDIA PRODUCT: A PERMANENT ONLINE CONNECTION AND A UBI.COM ACCOUNT ARE REQUIRED TO USE THE MULTIMEDIA PRODUCT AT ALL TIMES. THE USER SHALL BEAR THE COSTS OF THE INTERNET CONNECTION AND MAY CONTACT HIS INTERNET ACCESS PROVIDER FOR DETAILS. For further information AND THE CREATION OF A UBI.COM ACCOUNT, please visit THE ubisoft website at www.ubi.com.

UBISOFT AGREES FOR A PERIOD OF THIRTY (30) DAYS FROM THE ORIGINAL DATE OF PURCHASE TO REFUND THE PURCHASE PRICE OF THE UNUSED MULTIMEDIA PRODUCT TO THE USER. “UNUSED” IS DEFINED TO MEAN THAT ANY USER (I) DID NOT USE THE KEY CODE; (II) OBTAINS A RETURN MERCHANDISE AUTHORIZATION (“RMA”) NUMBER FROM UBISOFT CUSTOMER SERVICE AT 919 460-9778 OR BY USING THE ASK A QUESTION FEATURE IN THE FAQ SECTION OF HTTP://SUPPORT.UBI.COM; AND (III) RETURNS, DURING THE FOREGOING PERIOD OF THIRTY (30) DAYS, THE UNUSED MULTIMEDIA PRODUCT IN ITS WHOLE, ORIGINAL PACKAGING WITH THE ORIGINAL PROOF OF PURCHASE AND THE RMA TO UBISOFT, POSTAGE PREPAID TO THE ADDRESS SET FORTH BELOW. BY INSTALLING OR OTHERWISE USING THIS MULTIMEDIA PRODUCT, YOU ACCEPT AND AGREE TO BE BOUND TO THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT INSTALL OR OTHERWISE USE THIS MULTIMEDIA PRODUCT. INSTEAD, RETURN IT TO UBISOFT FOR A REFUND ACCORDING TO THE ABOVE PROCESS.

PLEASE POST THE MULTIMEDIA PRODUCT PREPAID AND INSURED FOR THE FULL PURCHASE PRICE AGAINST LOSS IN TRANSIT VIA THE UNITED STATES POSTAL SERVICE, TO:

UBISOFT CUSTOMER SERVICE
NON-ACTIVATED RETURN
2000 CENTRE GREEN WAY, STE 300
CARY, NC 27513

RETURNED FUNDS WILL BE PROVIDED VIA CHECK ONLY, PLEASE ALLOW APPROXIMATELY 8 TO 12 WEEKS FOR CHECK PROCESSING.

2-	Ownership of the Multimedia Product

The User recognises that all of the rights associated with the Multimedia Product and its components (in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Multimedia Product), and all saved games and data associated with the Multimedia Product saved on Ubisoft’s online servers, as well as the rights relating to the trademark, royalties and copyrights, are the property of Ubisoft and are protected by French regulations or other laws, treaties and international agreements concerning intellectual property.

3-	Use of the Multimedia Product

The User is authorised to use the Multimedia Product in accordance with the instructions provided in the manual or on the packaging of the Multimedia Product.
The Licence is granted solely for private use.

It is not permitted:
-	To make copies of the Multimedia Product,
-	To operate the Multimedia Product commercially,
-	To use it contrary to morality or the laws in force,
-	To modify the Multimedia Product or create any derived work,
-	To transmit the Multimedia Product via a telephone network or any other electronic means, except during multi-player games on authorised networks,
-	To create or distribute unauthorised levels and/or scenarios,
-	To decompile, reverse engineer or disassemble the Multimedia Product.

The Multimedia Product can only be played after the User registers the Multimedia Product and obtains a unique ubi.com account.  This Multimedia Product is distributed solely for use by the authorized end User who has registered the Multimedia Product and obtained a unique ubi.com account.  

The User cannot transfer, sell, resell, sublicense, rent or lease the Multimedia Product to a third party. 

You understand and agree that this Multimedia Product requires an online connection at all times and the Multimedia Product must be played through the Internet services provided at ubi.com.  In the event Ubisoft terminates or discontinues Internet services associated with this Multimedia Product, Ubisoft will provide a software update that will allow the User to utilize the Multimedia Product without connecting to Ubisoft's servers.

The User acknowledges that Ubisoft may collect and use certain User data in accordance with the terms of use and/or privacy policy accessible on the website www.ubi.com.

4-	Termination of the Licence

The Licence is effective from the first time the Multimedia Product is used.
It is terminated automatically by Ubisoft without notice if the User fails to adhere to the terms and conditions of the Licence.

5-	Warranty

Ubisoft offers technical support.  When you call, please be as specific as you can be about the problem you are experiencing and have the below details available:

•	The name of the manufacturer of your computer system
•	The brand and speed of the processor
•	How much RAM you have
•	The version number of windows you are using (if you aren’t sure, right-click on the my computer icon on your desktop and select ‘properties’)
•	The manufacturer name and model number of your video card, modem, and sound card.
Ubisoft warrants to the original purchaser of its products (the “User”) that the products will be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase.  Ubisoft products are sold "as is", without any expressed or implied warranties of any kind, and Ubisoft is not liable for any losses or damages of any kind resulting from use of its products.  Ubisoft agrees for a period of ninety (90) days (or any other longer warranty period provided by applicable legislation) to either replace defective product free of charge provided you return the defective item with dated proof of purchase to the store from which the product was originally purchased or repair or replace the defective product at its option free of charge, when accompanied with a proof of purchase and sent to our offices postage prepaid.  This warranty is not applicable to normal wear and tear, and shall be void if the defect in the product is found to be as a result of abuse, unreasonable use, mistreatment or neglect of the product. 

Ubisoft reserves the right to delete the Key Code in the event the Multimedia Product is returned by the User as per the process above.
6-	Warranty Limitation
The User recognises expressly that he uses the Multimedia Product at his own risk.
The Multimedia Product is provided as is. The User is responsible for any costs of repairing and/or correcting the Multimedia Product.
To the extent of what is laid down by the law, Ubisoft rejects any warranty relating to the market value of the Multimedia Product, the User’s satisfaction or its capacity to perform a specific use.
The User is responsible for all risks connected with lost profit, lost data, errors and lost business or other information as a result of owning or using the Multimedia Product.
As some legislations do not allow for the aforementioned warranty limitation, it is possible that it does not apply to the User.
7-	Liability
In no event can Ubisoft be held liable for any direct, consequential, accidental, special, ancillary or other damages arising out of the following: (1) the use or inability to use the Multimedia Product, (2) inadequate performance or poor functioning of the Multimedia Product; (3) the loss of any data or information, including but not limited to the loss of any saved games or data associated with the Multimedia Product saved on Ubisoft’s servers; and (4) the loss of any profit or business as a result of owning or using the Multimedia Product, even if Ubisoft has been advised of the possibility of such damages.
In particular, Ubisoft accepts no liability regarding use of the Multimedia Product contrary to the precautions for use set out in the manual and on the packaging.
As some legislations do not allow exemption from liability in the event of direct or incidental damages, it is possible that the aforementioned exclusion does not apply to the User.
This Licence to use the Multimedia Product grants specific rights to the User and he may have other rights depending on the laws in his country or state.

MICROSOFT DirectX 9.0c
 
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EULA") 

IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS 
Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS. 

NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA. 

Capitalized terms used in this Supplemental EULA and not otherwise defined 
herein shall have the meanings assigned to them in the applicable OS Product 
EULA. 

General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA. 

Additional Rights and Limitations. 

* If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are 
reserved by Microsoft. 

* If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions. 

* The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor. 

* You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft’s prior written approval. 

SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA. 

IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE 
LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. 

IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS: 

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU. 

EXCLUSION OF INCIDENTAL,CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Microsoft Visual C++ 2005 SP1 Redistributable Package

MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2005 RUNTIME LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you.  Please read them.  They apply to the software named above, which includes the media on which you received it, if any.  The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and 
* support services
for this software, unless other terms accompany those items.  If so, those terms apply.
By using the software, you accept these terms.  If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.  You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the software.  Microsoft reserves all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.    You may not
* disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY.  You may make one backup copy of the software.  You may use it only to reinstall the software.
4. DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS.  The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software.  These laws include restrictions on destinations, end users and end use.  For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT.  This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States.  If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.  The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States.  If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT.  This agreement describes certain legal rights.  You may have other rights under the laws of your country.  You may also have rights with respect to the party from whom you acquired the software.  This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY.   The software is licensed “as-is.”  You bear the risk of using it.  Microsoft gives no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws which this agreement cannot change.  To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.   You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00.  You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
MICROSOFT .NET FRAMEWORK 2.0 

Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you.  If you are licensed to use Microsoft Windows operating system software (the “software”), you may use this supplement.  You may not use it if you do not have a license for the software.  You may use a copy of this supplement with each validly licensed copy of the software.

The following license terms describe additional use terms for this supplement.  These terms and the license terms for the software apply to your use of this supplement.  If there is a conflict, these supplemental license terms apply.
----------------------------------
By using this supplement, you accept these terms.  If you do not accept them, do not use this supplement.  If you comply with these license terms, you have the rights below.

1. SUPPORT SERVICES FOR SUPPLEMENT.  Microsoft provides support services for this supplement as described at www.support.microsoft.com/common/international.aspx.

2. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING.  This supplement includes the .NET Framework component of the Windows operating systems (“.NET Component”).  You may conduct internal benchmark testing of the .NET Component.  You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms:  (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology,  the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing.  The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer.  Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.

PUNKBUSTER

SOFTWARE LICENSE AGREEMENT

The terms of this Software License Agreement (this "Agreement") shall apply to all versions, editions, and future updates of PunkBuster software and constitute a legal agreement between you (the "Licensee") and Even Balance, Inc. (the "Licensor").

BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.

EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN.

Licensor grants Licensee a non-exclusive and non-transferable license to use PunkBuster software only for non-commercial entertainment purposes. Licensee may not disassemble, decompile, reverse engineer, redistribute (in any form), create derivative works of, or modify PunkBuster software in any way. Licensor reserves the right to terminate the license at any time and for any reason, or no reason at all, and without notice to licensee. Additionally, upon breach of any term of this Agreement, the license granted under this Agreement shall automatically terminate without any additional notice to Licensee. Upon termination of the license, Licensee shall destroy all copies of PunkBuster software in Licensee's possession.

Licensee acknowledges that PunkBuster software is optional and is not a requirement in any respect for using or enjoying games that integrate PunkBuster software technology. Licensee also acknowledges and agrees that PunkBuster software is self-updating, which means that future updates will, from time to time and without any notice, automatically be downloaded and installed as a normal and expected function of PunkBuster software. Licensee further acknowledges and accepts that PunkBuster software may be considered invasive. Licensee understands that PunkBuster software inspects and reports information about the computer on which it is installed to other connected computers and Licensee agrees to allow PunkBuster software to inspect and report such information about the computer on which Licensee installs PunkBuster software. Licensee understands and agrees that the information that may be inspected and reported by PunkBuster software includes, but is not limited to, Licensee's Internet Protocol Address, devices and any files residing on the hard-drive and in the memory of the computer on which PunkBuster software is installed.  Licensee acknowledges and agrees that if Licensee does not want Licensor to collect and process such information, Licensee should not use the PunkBuster software.  Further, Licensee consents to allow PunkBuster software to transfer actual screenshots taken of Licensee's computer during the operation of PunkBuster software for possible publication. Licensee understands that the purpose and goal of PunkBuster is to ensure a cheat-free environment for all participants in online games. Licensee agrees that the invasive nature of PunkBuster software is necessary to meet this purpose and goal. Licensee agrees that any harm or lack of privacy resulting from the installation and use of PunkBuster software is not as valuable to Licensee as the potential ability to play interactive online games with the benefits afforded by using PunkBuster software.

Licensee agrees not to export or re-export into any country subject to U.S. trade sanctions or to which the U.S. has embargoed goods or to any nationals or residents of such countries unless such nationals are permanent residents of a country that is not subject either to such sanctions or embargoed goods. LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE. 

This Software License Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas and applicable United States federal law. Exclusive venue for all litigation regarding this Agreement shall be in Harris County, Texas. Licensee agrees that any portion of this Agreement found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.

PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY, LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS TERMINATED BY EVENBALANCE, INC. OR LICENSEE.

This Agreement constitutes the entire agreement between Licensor and Licensee and supersedes any prior statements, whether written or oral.