Galactic Patrol (c) Copyright 1998-1999 Monkey Byte Development, llc All Rights Reserved World Wide. 3920 Broad St., Suite 5-201 San Luis Obispo, CA, 93401 LIMITED USE SOFTWARE LICENSE AGREEMENT This Limited Use Software License Agreement (this "Agreement") is a legal agreement between you, the end-user, and Monkey Byte Development, llc. ("MBD"). BY CONTINUING THE INSTALLATION OF THIS SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO ANY STORAGE MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 1. GRANT OF LICENSE MBD, owning all rights to the software "Galactic Patrol" (the "Software"), hereby grants to you a non-exclusive limited right of use for the Software in executable or object code form only, and only for non-commercial, personal purposes. "Software" includes all elements of the distribution, such as (but not limited to) data files and screen displays. The Software may not be sent into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such property. You are not receiving any ownership, title or interest in or to the Software, copyrights, trademarks or other rights belonging to MBD. 2. NO WARRANTIES. MBD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. MBD DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR GENERAL REQUIREMENTS. IN NO EVENT WILL MBD, IT'S OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE IN ANY WAY RELATED TO THIS SOFTWARE. 3. PROHIBITIONS Whether directly or indirectly, you are prohibited from doing any and all of the following: 3a. rent, lease, or sell the Software 3b. distribute the Software (except by electronic means, as permitted by section 4.) including, but not limited to direct mail, retail, mail order or other means 3c. disassemble, reverse engineer, decompile, or alter the software 3d. reproduce or copy the Software (except as permitted by section 4.) 3e. commercially exploit the Software, or use the Software for any commercial purpose in any manner and through any medium whatsoever 3f. prepare or develop derivative works based upon the Software or any MBD property. 4. PERMITTED DISTRIBUTION AND COPYING So long as this Agreement accompanies the Software at all times, and that the Software is distributed in its entire, unmodified form (as received from MBD), MBD grants to you the limited right to distribute, free of charge and by electronic means only, the Software. Anyone receiving the Software shall be limited to all the terms and conditions of this Agreement. You may make one (1) backup copy for archival purposes only, in addition to the one (1) copy allowed to be installed on your hard drive. Distribution in any form other than electronic (ie, CD collections, etc.) requires prior express written permission from MBD. Contact our offices at the address above or send e-mail to with subject title "DISTRIBUTION REQUEST". 5. COPYRIGHTS AND TRADEMARKS The Software and all copyrights, trademarks and all other intellectual property rights related to the Software are owned by MBD and are protected by United States copyright laws, international treaty provisions and other applicable law. The Software must be treated like any other copyrighted material; you agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. You agree that you are receiving a copy of the Software by license only and not by sale and that the "first sale" doctrine of 17 U.S.C. section 109 does not apply to your receipt or use of the Software. 6. APPLICABLE LAW This Agreement shall be construed in accordance with and governed by the laws of the State of California and U.S. federal law. Copyright and other proprietary matters will be governed by United States laws and international treaties. 7. ASSIGNMENT OF RIGHTS Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. MBD may assign its rights under this Agreement at its sole discretion. 8. TERMINATION If you fail to comply with any term of this Agreement, your license is automatically terminated. In the event this Agreement is terminated, you shall have no right to use the Software, in any manner and you shall immediately destroy all copies of the Software in your possession or control. You agree that any unauthorized use of any MBD property, in whole or in part, would immediately and irreparably damage MBD such that MBD could not be adequately compensated by an award of monetary damages. You also agree that in the event of such threatened or actual unauthorized use MBD shall be entitled to an injunctive order appropriately restraining and/or prohibiting such unauthorized use without the necessity of MBD posting bond or other security. 9. ENTIRE AGREEMENT This agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether written or oral. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of MBD 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. [990315]