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, DO NOT INSTALL OR OTHERWISE USE THE SOFTWARE PROGRAM

This software program and any files that are provided by Freedom Force Properties LLC d/b/a Irrational Games (“Irrational Games”) or Sierra Entertainment, Inc. (“Sierra”) 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 Irrational Games, or its licensors, licensees and suppliers, specifically including Sierra, and/or its wholly owned subsidiaries (“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 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.  Licensor reserves all rights not granted in this Agreement, including, without limitation, all rights to Licensor’s trademarks.  For purposes of the first sentence of this section, “use” means loading the Program into RAM and/or onto computer hard drive, as well as installation of the Program on a hard disk or other storage device, and means the uses permitted herein.

	2.	Ownership. All title, ownership rights and intellectual property rights in and to the Program related written materials 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 Irrational Games or its licensors. The Program and any related written materials are 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 Irrational Games or its licensors, who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement.  This section 2 shall survive the cancellation or termination 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)	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; 
(iv)	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;
(v)	directly or indirectly circumvent, bypass or otherwise interfere with any element of the Program, or create, develop, copy, distribute or otherwise make use of any program or modification to the program to gain any advantage in multiplayer play (“Cheats”).  You acknowledge and agree that Licensor or the On-line Provider may refuse to allow you to participate in online multiplayer activities relating to this Program if you use Cheats in connection with the Program.
(vi)	use, copy or distribute the Program in any infringing manner or in any manner which violates any law or third party right or distribute the Program together with any material which infringes against any third party right or which is libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful.
	4. 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  from your home or portable computer.
	5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program. 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. 
	6. 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.
7. 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 or its licensees to provide Customer Service or Technical Support via a toll-free telephone number for an unlimited period of time.

8. 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, or supported, by Licensor.

	9. Limited Warranty. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM AND ANY RELATED WRITTEN MATERIALS. THE PROGRAM AND ANY RELATED WRITTEN MATERIALS 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 ANY RELATED WRITTEN MATERIALS REMAINS WITH THE USER. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE PROGRAM WILL MEET YOUR SPECIFIC REQUIREMENTS.  ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY LICENSOR AND SHOULD NOT BE RELIED UPON.  

	  10. Limitation of Liability. NEITHER LICENSOR THE ON-LINE PROVIDER, NOR EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES OR AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, OR AN AUTHORIZED ON-LINE PROVIDER INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTAL OR INDIRECT DAMAGES 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 THE ON-LINE PROVIDER AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS 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, THE ON-LINE PROVIDER AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE ON GAMESPY.COM OR OTHER AUTHORIZED ON-LINE GAME NETWORK, 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. This section 10 shall survive the cancellation or termination of this Agreement. 
 
	11. Indemnification.  You hereby agree to indemnify, defend and hold harmless Licensor and Licensor’s officers, employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors and assigns from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from your breach of this Agreement.  Your obligations set forth in the immediately preceding sentence shall survive the cancellation or termination of this Agreement.

	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. This section 12 shall survive the cancellation or termination of this Agreement.
13. Limitations on License. You may only make a copy of the Program under the following circumstances:  (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. Copyright and other proprietary matters will be governed by applicable United States laws and international treaties.  Except as set forth below, exclusive venue for all litigation regarding this Agreement shall be in Suffolk County, Massachusetts and you agree to submit to the jurisdiction of the courts in Suffolk County, Massachusetts for any such litigation with the exception that exclusive venue for all litigation involving Sierra, but not involving Irrational Games, with regard to this Agreement, shall be in Los Angeles County, California and in such an event, you agree to submit to the jurisdiction of the courts in Los Angeles, California for any such litigation. 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. Failure of Licensor to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.  Immediately upon your failure to comply with or breach of any term or provision of this Agreement, YOUR LICENSE AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND IRRATIONAL GAMES AND SIERRA MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT.

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 your 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.