LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT. This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"), including the Limited Warranty and other special provisions, is a legal agreement between You (either an individual or an entity) and City Interactive and Take-Two Interactive, Inc, (collectively, the "Owner") regarding this software product and the materials contained therein and related thereto. Your act of installing and/or otherwise using the software constitutes Your agreement to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, promptly return the software packaging and the accompanying materials (including any hardware, manuals, other written materials and packaging) to the place You obtained them, along with your receipt, for a full refund. Grant of Limited Non-Exclusive License. This Agreement permits You to use one (1) copy of the software program(s) (the "SOFTWARE") included in this package for your personal use on a single home or portable computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. Installation on a network server is strictly prohibited, except under a special and separate network license obtained from Owner; this Agreement shall not serve as such necessary special network license. Installation on a network server constitutes "use" that must comply with the terms of this Agreement. This license is not a sale of the original SOFTWARE or any copy thereof. Intellectual Property Ownership. Owner retains all right, title and interest to this SOFTWARE and the accompanying manual(s), packaging and other written materials (collectively, the "ACCOMPANYING MATERIALS"), including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The SOFTWARE and ACCOMPANYING MATERIALS are protected by United States copyright law and applicable copyright laws and treaties throughout the World. All rights are reserved. The SOFTWARE and ACCOMPANYING MATERIALS may not be copied or reproduced in any manner or medium, in whole or in part, without prior written consent from Owner. Any persons copying or reproducing all or any portion of the SOFTWARE or ACCOMPANYING MATERIALS, in any manner or medium, will be willfully violating the copyright laws and may be subject to civil or criminal penalties. SOFTWARE Backup or Archiving. After You install the SOFTWARE into the permanent memory of a computer, You may keep and use the original disk(s) and/or CD-ROM (the "Storage Media") only for backup or archival purposes Restrictions. Other than as provided specifically in this Agreement, You are not permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING MATERIALS; modify or prepare derivative copies based on the SOFTWARE or ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING MATERIALS by sale or other transfer of ownership; rent, lease, or lend the SOFTWARE or ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING MATERIALS publicly. You are expressly prohibited from transmitting the SOFTWARE or ACCOMPANYING MATERIALS electronically or otherwise over the Internet or through any other media or to any other party. You are expressly prohibited from selling or using any characters or other components of the game for any purpose. You are expressly prohibited from selling or otherwise profiting from any levels, add-on packs, sequels or other items based upon or related to the SOFTWARE and ACCOMPANYING MATERIALS or created by utilization of the SOFTWARE's level editor. If you create levels, add-on packs, sequels or other items to the Software using the SOFTWARE's level editor, including the construction of new levels (collectively, the "Modifications"), you are subject to the following restrictions: (i) the SOFTWARE's level editor and associated development tools and documentation (collectively "SDK") are considered separate from the SOFTWARE in the sense that they are not guaranteed or supported by the OWNER. However, InteractiveVision A/S retains all copyrights and intellectual rights to the SDK, as stated in this license. (ii) your Modifications must require a full, registered copy of the Software to run; (iii) you may not distribute a Modification that contains an executable file which has been changed or modified in any way; (iv) your Modifications must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties; (v) your Modifications must be distributed solely for free. Neither you nor any other person or party may sell them to anyone, commercially exploit them in any way, or charge anyone for using them without a license from the OWNER. OWNER encourages noncommercial distribution of quality Modifications. If you desire to commercially distribute your Modifications, please contact OWNER at the address below for the terms and conditions under which the Modifications may be commercially distributed; (vi) your Modifications shall not be supported by the OWNER. The prohibitions and restrictions in this Section apply to anyone in possession of the Software or any of your Modifications. YOU ARE NOT PERMITTED TO REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying of the SOFTWARE or ACCOMPANYING MATERIALS not specifically allowed in this Agreement is a violation of this Agreement. LIMITED WARRANTY AND WARRANTY DISCLAIMERS. LIMITED WARRANTY. Owner warrants that the original Storage Media holding the SOFTWARE is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of purchase as evidenced by Your receipt. If for any reason You find defects in the Storage Media, or if you are unable to install the SOFTWARE on your home or portable computer, You may return the SOFTWARE and all ACCOMPANYING MATERIALS to the place You obtained it for a full refund. This limited warranty does not apply if You have damaged the SOFTWARE by accident or abuse. CUSTOMER'S REMEDY. Your exclusive remedies, and the entire liability of Owner, shall be (i) replacement of any original Storage Media with the SOFTWARE or (ii) full refund of the price paid for this SOFTWARE. By opening the sealed software packaging, installing and/or otherwise using the SOFTWARE or ACCOMPANYING MATERIALS, you hereby agree to waive any and all other remedies you may have at law or in equity. Any such remedies you may not waive as a matter of public policy, you hereby assign, or shall assign as they become available, over to Owner. WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT, WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OR ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR ACCOMPANYING MATERIALS' CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. OWNER DOES NOT REPRESENT THAT THE SOFTWARE WILL OPERATE IN A MULTI-USER ENVIRONMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT; INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Product Support and Updates. This SOFTWARE is intended to be user-friendly and limited product support is provided by Owner as specified in the ACCOMPANYING MATERIALS. Jurisdiction. TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE'S CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS COUNTY, TEXAS. This Agreement may be modified only by a written instrument specifying the modification and executed by both parties. In the event that any provision of this Agreement shall be held to be unenforceable, such provision shall be enforced to the greatest possible extent, with the other provisions of this Agreement to remain in full force and effect. Entire Agreement. This Agreement represents the entire agreement between the parties, and supersedes any oral or written communications, proposals or prior agreements between the parties or any dealers, distributors, agents or employees. U.S. Government Restricted Rights. The SOFTWARE and the ACCOMPANYING MATERIALS is provided with RESTRICTED RIGHTS (as found in 48 C.F.R. §52.227-7013). This provision only applies if the U.S. Government or any of its entities obtains this SOFTWARE either directly or indirectly. Owner created this SOFTWARE and the ACCOMPANYING MATERIALS exclusively with private funds. Additionally, information contained in this SOFTWARE and the ACCOMPANYING MATERIALS is a trade secret of Owner for all purposes of the Freedom of Information Act or otherwise. Furthermore, this SOFTWARE is "commercial computer software" subject to limited use as set forth in any contract that may be entered into between the seller and the governmental entity. Owner owns, in all respects, the proprietary information and proprietary data found in the SOFTWARE and the ACCOMPANYING MATERIALS. U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE and the ACCOMPANYING MATERIALS with "Restricted Rights" as defined in DFARS 52.227-7013 (also found at 48 C.F.R. §252.227-7013). Any U.S. Government use, duplication, or disclosure is subject to the restrictions including, but not limited to those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48 C.F.R. §252.227-7013) that may be amended from time to time. NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice through this Agreement that any use of this SOFTWARE and the ACCOMPANYING MATERIALS is subject to similar limitations as those stated above, including but not limited to, those stated in Commercial Computer SOFTWARE - Restricted Rights found in 48 C.F.R. §52.227-19, that may also be amended from time to time. Manufacturer is Owner at the location listed below. U.S. Export Laws Prohibitions. By opening the sealed software packaging and/or installing or otherwise using the SOFTWARE and ACCOMPANYING MATERIALS, You also agree and confirm that the SOFTWARE or ACCOMPANYING MATERIALS and any of the SOFTWARE's direct products are not being and will not be transported, exported or re-exported (directly or indirectly through the Internet or otherwise) into (or to a national or resident of) any country forbidden to receive such SOFTWARE or ACCOMPANYING MATERIALS by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time. You also agree and confirm that the SOFTWARE and ACCOMPANYING MATERIALS will not be used for any purpose that may be restricted by the same laws and regulations. Termination. This Agreement is valid until terminated. This Agreement ceases automatically (without any form of notice) if You do not comply with any Agreement provision. You can also end this Agreement by destroying the SOFTWARE and ACCOMPANYING MATERIALS and all copies and reproductions of the SOFTWARE and ACCOMPANYING MATERIALS and deleting and permanently purging the SOFTWARE from any client server or computer on which it has been installed. Program Transfer. You may permanently transfer all of your rights under this Agreement, provided that the recipient agrees to all of the terms of this Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related documents and components and remove the SOFTWARE from Your computer prior. Transferring the SOFTWARE automatically terminates Your license under this Agreement. Equitable Remedies You hereby agree that if the terms of this Agreement are not specifically enforced, Owner will be irreparably damaged, and therefore you agree that Owner shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies. If You have any questions regarding this Agreement, the enclosed materials, or otherwise, please contact in writing: Take-Two Interactive, Inc 622 Broadway New York, NY 10012 Attn: Customer Service Copyright 2005 Global Star Software, Inc. JETFIGHTER 2015, the JETFIGHTER 2015 logo, Global Star Software, the Global Star Software logo and the A Take2 Company logo are trademarks and/or registered trademarks of Take-Two Interactive, Inc. City Interactive and the City Interactive logo are trademarks of City Interactive. All other trademarks are the property of their respective owners. Developed by City Interactive. Published by Global Star Software. All rights reserved. Made in the USA. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Third party licenses ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ OPEN DYNAMICS ENGINE Copyright (c) 2001-2004, Russell L. Smith. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the names of ODE's copyright owner nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ------------------------------------------------------------------------------ FREETYPE 2 FONT ENGINE Portions of this software are copyright (c) 1996-2002 The FreeType Project (www.freetype.org). All rights reserved. The FreeType Project is copyright (c) 1996-2000 by David Turner, Robert Wilhelm, and Werner Lemberg. All rights reserved except as specified below. 1. No Warranty -------------- THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE INABILITY TO USE, OF THE FREETYPE PROJECT. 2. Redistribution ----------------- This license grants a worldwide, royalty-free, perpetual and irrevocable right and license to use, execute, perform, compile, display, copy, create derivative works of, distribute and sublicense the FreeType Project (in both source and object code forms) and derivative works thereof for any purpose; and to authorize others to exercise some or all of the rights granted herein, subject to the following conditions: o Redistribution of source code must retain this license file ('FTL.TXT') unaltered; any additions, deletions or changes to the original files must be clearly indicated in accompanying documentation. The copyright notices of the unaltered, original files must be preserved in all copies of source files. o Redistribution in binary form must provide a disclaimer that states that the software is based in part of the work of the FreeType Team, in the distribution documentation. We also encourage you to put an URL to the FreeType web page in your documentation, though this isn't mandatory. These conditions apply to any software derived from or based on the FreeType Project, not just the unmodified files. If you use our work, you must acknowledge us. However, no fee need be paid to us. 3. Advertising -------------- Neither the FreeType authors and contributors nor you shall use the name of the other for commercial, advertising, or promotional purposes without specific prior written permission. We suggest, but do not require, that you use one or more of the following phrases to refer to this software in your documentation or advertising materials: 'FreeType Project', 'FreeType Engine', 'FreeType library', or 'FreeType Distribution'. As you have not signed this license, you are not required to accept it. However, as the FreeType Project is copyrighted material, only this license, or another one contracted with the authors, grants you the right to use, distribute, and modify it. Therefore, by using, distributing, or modifying the FreeType Project, you indicate that you understand and accept all the terms of this license. ------------------------------------------------------------------------------ THE PROGRAMMING LANGUAGE LUA Copyright (c) 2003-2004 Tecgraf, PUC-Rio. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ------------------------------------------------------------------------------ OGG VORBIS Copyright (c) 2002, Xiph.org Foundation Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: - Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. - Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. - Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ------------------------------------------------------------------------------ PNG REFERENCE LIBRARY Copyright (c) 1998-2004 Glenn Randers-Pehrson Copyright (c) 1996-1997 Andreas Dilger Copyright (c) 1995-1996 Guy Eric Schalnat, Group 42, Inc. The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage. Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions: 1. The origin of this source code must not be misrepresented. 2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source. 3. This Copyright notice may not be removed or altered from any source or altered source distribution. The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated. ------------------------------------------------------------------------------ ZLIB DATA COMPRESSION LIBRARY Copyright (c) 1995-2003 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. ------------------------------------------------------------------------------ TINYXML Copyright (c) 2000-2002 Lee Thomason This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. ------------------------------------------------------------------------------ BOOST LIBRARIES Boost Software License - Version 1.0 - August 17th, 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ------------------------------------------------------------------------------ MICROSOFT LAYER FOR UNICODE ON WINDOWS 95/98/ME END-USER LICENSE AGREEMENT MICROSOFT PLATFORM SOFTWARE DEVELOPMENT KIT IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). An amendment or addendum to this EULA may accompany the SOFTWARE PRODUCT. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. 1. GRANT OF LICENSE. Microsoft grants you the following rights provided you comply with all terms and conditions of this EULA: * SOFTWARE PRODUCT. You may install and use an unlimited number of copies of the SOFTWARE PRODUCT on computers, including workstations, terminals or other digital electronic devices residing on your premises ("Computers") to design, develop, and test your software application(s) ("Application") for use with any version or edition of Microsoft Windows 95, Windows 98, Windows NT 4.0, Windows 2000 operating system products and/or any version or edition of any Microsoft operating system product that is a successor to the foregoing and/or any Microsoft product suite that contains any of the foregoing (each a "Microsoft Operating System Product"). * Sample Code. You may modify the sample source code located in the SOFTWARE PRODUCT's "samples" directories ("Sample Code") to design, develop, and test your Application solely for use with a Microsoft Operating System Product. 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You may reproduce and distribute an unlimited number of copies of the Sample Code and/or Redistributable Code (collectively "Redistributable Components") as described above in object code form, provided that (a) you distribute the Redistributable Components only in conjunction with and as a part of your Application solely for use with a Microsoft Operating System Product; (b) your Application adds significant and primary functionality to the Redistributable Components; (c) you distribute your Application containing the Redistributable Components pursuant to an End-User License Agreement (which may be "break-the-seal", "click-wrap" or signed), with terms no less protective than those contained herein; (d) you do not permit further redistribution of the Redistributable Components by your end-user customers; (e) you do not use Microsoft's name, logo, or trademarks to market your Application; (f) you include a valid copyright notice on your Application; and (g) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application. 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Microsoft grants you the right to distribute test version of your Application created using the PRERELEASE CODE provided you comply with the Distribution Requirements described in Section 1 and the following additional provisions: (a) you must mark the test version of your Application "BETA" and (b) you are solely responsible for updating your customers with versions of your Application that operate satisfactorily with the final commercial release of the PRERELEASE CODE. 2. CONFIDENTIALITY OF PRERELEASE CODE. The PRERELEASE CODE, including its features, is proprietary and confidential information to Microsoft and its suppliers. you agree not to disclose or provide the PRERELEASE CODE, documentation, or any information relating to the PRERELEASE CODE (including features or the results of use or testing) to any third party except as expressly provided herein without Microsoft's express written permission. However, you may disclose confidential information in accordance with judicial or other governmental order, provided you shall give Microsoft reasonable notice prior to such disclosure and shall comply with any applicable protective order or equivalent. You shall not be liable to Microsoft for such information which you can prove (1) is already known to you; (2) becomes publicly known through no wrongful act of you; (3) is rightfully received from a third party without similar restriction and without breach of this Agreement; or (4) is independently developed by you. This provision shall survive the termination or expiration of this Agreement. 3. TRANSFER-Internal. You may move the SOFTWARE PRODUCT to a different Computer. Transfer to Third Party. The initial user of the SOFTWARE PRODUCT may make a one-time transfer of the SOFTWARE PRODUCT to another end user. The transfer has to include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred SOFTWARE PRODUCT must agree to all the EULA terms. No Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. 4. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. 5. TERMINATION. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 6. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information you provide as a part of support services related to the SOFTWARE PRODUCT. Microsoft agrees not to use this information in a form that personally identifies you. 7. NOT FOR RESALE SOFTWARE. SOFTWARE PRODUCT identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation. 8. ACADEMIC EDITION SOFTWARE. To use SOFTWARE PRODUCT identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country. 9. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see . 10. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers provide to you the SOFTWARE PRODUCT, and any (if any) support services relating to the SOFTWARE PRODUCT ("Support Services") AS IS AND WITH ALL FAULTS; and Microsoft and its suppliers hereby disclaim with respect to the SOFTWARE PRODUCT 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 SOFTWARE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH YOU. 11. 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 SOFTWARE PRODUCT 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 EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. 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 EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT 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. 13. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has contractually obligated Microsoft to make this disclaimer. 14. U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 15. APPLICABLE LAW. If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this SOFTWARE PRODUCT in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply. 16. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) are the entire agreement between you and Microsoft relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. 17. The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. ------------------------------------------------------------------------------ OPENAL WITH EAX Creative Labs, Inc. is providing you with this OpenAL32.dll installer and other OpenAL files ("Software"). You may use and freely integrate with your software applications and distribute such throughout the world at no cost or further obligation to Creative. NO WARRANTY ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CREATIVE IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES TO THE SOFTWARE. No other entity or person is authorized to expand or alter this warranty or any other provisions herein. Creative does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like. You assume full responsibility for the selection of the Software to achieve your intended results, and for the downloading, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. IN NO EVENT WILL CREATIVE'S LIABILITY TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. ------------------------------------------------------------------------------