BY CLICKING ON THE "YES" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND. END USER LICENSE AGREEMENT 1. Definitions. The following definitions apply to the terms as they appear in this License: · "BE" means Byte Enchanters · "The Program" ("Program") means the computer programs and documentation included in the file(s) or package. · "Capone System" means the combination of client, servers software that comprises the Capone network gaming system. · "Demo Mode" means a version of the Program in which a time limit has been imposed. · "Full Functionality Mode" means a version of The Program in which all functions operate with no time limit. 2. Terms of License. The Program is licensed by BE to you subject to the terms of this Agreement. BE grants you a nonexclusive license to: Load the Program onto your computer's storage device from the media provided. Obtain from BE serial numbers to enable the purchased portion of the Program to run in Full Functionality Mode. Allow others to run Program in Demo Mode, unless or until requested by BE not to do so. You are responsible for obtaining your own Internet access and any related long distance charges (if any). Once serial numbers have been obtained from BE, the license to run the Program in Full Functionality Mode may be assigned to an individual or a computer, i.e, a single individual may use the Program in several locations, or several persons may sequentially run the Program on the same computer. 3. Copyright and Other Restrictions. The Program is owned by BE and is protected by the local copyright laws and international treaty provisions. BE retains all rights not expressly granted. None of the components of the Program (including the documentation) may be copied, removed or altered, in whole or part, for any unauthorized use. 4. Rules of the BE System. To ensure an enjoyable experience for as many people as possible, you agree to comply with generally accepted standards of proper online behavior. BE reserves the right to determine, in its sole discretion, what constitutes generally accepted standards of online behavior and may, without notice and at any time, suspend or terminate your access to the Capone System. You may not engage in conduct or communication while using the Legal Crime System which is unlawful or which restricts or inhibits any other user from using or enjoying the Capone System. You agree to use the Capone System only for lawful purposes. Set forth below are some common examples of impermissible conduct. This list is not exhaustive. BE reserves the right, but does not assume the responsibility, to restrict conduct which BE deems in its discretion to be harmful to individual users, damaging to the communities which use the Capone System, or in violation of BE's or any third party's rights. You acknowledge, however, that communication over the Capone System and the Internet often occurs in real-time and BE cannot, and does not intend to, screen communication in advance. 5. Agreement. This Agreement comprise the entire agreement between BE and you, and supersedes any prior agreements between you and BE with respect to the subject matter hereof or thereof. However, you are subject to any additional terms and conditions of which you are notified and/or which may apply when using third party content, software or Legal Crime system. BE may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement at this location. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate this license as provided below. Your continued use of the Capone system following posting of the revised Agreement on the BE website shall be conclusively deemed to be acceptance of all such revisions. The term "User" in this Agreement refers to any person or entity, including you, that has entered into this Agreement with BE. 6. User Information. (a) Registration Codes. Upon your registration of the Program, you will be issued a registration codes that will allow operation of the Program in Full Functionality Mode. You are responsible for maintaining the confidentiality of your registration codes and are liable for any harm resulting from disclosing or allowing disclosure of any registration codes or from use by any person of your registration codes to gain access to the Capone system. At no time should you respond to an online request for your registration codes or files containing the registration codes. (b) Former Users. Users whose accounts have been terminated by BE may not access the Capone system in any manner or for any reason without the express written permission of BE. Active Users may not knowingly allow former Users who have been terminated to use the active Users' accounts. 7. Disclaimer of Warranty. To the maximum extent allowed by law, BE, its licensees and subcontractors do not warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through the Capone system. User is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM, ALL SOFTWARE DISTRIBUTED BY BE, AND THE INTERNET ARE AT YOUR SOLE RISK. THE PROGRAM AND ALL SOFTWARE DISTRIBUTED BY BE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. BE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIESOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE BE SYSTEM, ALL SOFTWARE DISTRIBUTED BY BE, AND THE INTERNET. BE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY THE USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BE, ITS LICENSORS AND SUBCONTRACTORS, OR USER'S OWN ERRORS AND/OR OMISSIONS. 8. Limitation of Liability. YOU ACKNOWLEDGE THAT BE SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY BE OR ITS OTHER LICENSEES WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE Capone SYSTEM. BE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE Capone SYSTEM OR WITH ANY OTHER PRODUCT OR SERVICE PROVIDED BY BE. BE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE Capone SYSTEM AND ALL SOFTWARE DISTRIBUTED BY BE SHALL BE THE REPLACEMENT OF ANY SOFTWAREDEVELOPED BY OR FOR BE WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY BE. BE'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE REGISTRATION FEE PAID BY YOU TO REGISTER THE PROGRAM AND ACCESS THE BE SYSTEM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES BE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 9. Indemnification. Upon request of BE, you agree to defend, indemnify and hold harmless BE, its affiliated companies, licensees, and distributors from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement by use of, or in connection with, the transmission by or through your User access of any Content on the Legal Crime system. BE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. 10. Termination. Either you or BE may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with any Agreement term, or policy or practice of BE in operating the Capone system or change therein is to terminate this Agreement by notifying BE Support Staff of your desire to terminate and confirming such request in writing or electronically if requested. Your notice of termination will be effective upon receipt by BE, or upon receipt of confirmation if confirmation is requested. 11. Third Party Products and Capone system. BE does not endorse, warrant or guarantee any product or service offered through the Capone system by any third party, will not be a party to or in any way monitor any transaction between you and third-party providers of products and will not bear any responsibility for their products, policies or actions. 12. U.S. Government Restricted Rights. The Program and all accompanying written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Restricted Rights in Technical Data and Computer Software Clause at FAR 52.227-7013©(1)(ii) or FAR 52.227-19. 13. General Provisions. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the license granted pursuant to this Agreement except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. BE and you are independent contractors under this Agreement. BE's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BE of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of BE shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of BE. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement represents the complete and exclusive statement of the agreements concerning the Program and supersedes all prior agreements between the parties. It may be amended only by a writing executed by both parties. Capone END USER LICENSE AGREEMENT This Agreement has 3 parts. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact Byte Enchanters, Inc. ("Byte Enchanters") on the Internet at http://www.byteenchanters.net. PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT. Byte Enchanters grants you a non-exclusive license to use the Software free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. If you are using the Software free of charge, you are not entitled to support or telephone assistance. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant." DISCLAIMER OF WARRANTY. Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Byte Enchanters assume the entire cost of any service and repair. In addition, the security mechanisms implemented by Byte Enchanters software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT. Subject to payment of applicable license fees, Byte Enchanters grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant." LIMITED WARRANTY. Byte Enchanters warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Byte Enchanters does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by Byte Enchanters software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. Byte Enchanters also warrants that the media containing the Software, if provided by Byte Enchanters, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Byte Enchanters's sole liability for any breach of this warranty shall be, in Byte Enchanters's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) Byte Enchanters advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform Byte Enchanters of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Byte Enchanters be obligated to honor this warranty. Byte Enchanters will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY BYTE ENCHANTERS. BYTE ENCHANTERS MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAYNOT APPLY TO YOU. NO BYTE ENCHANTERS DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS SCOPE OF GRANT. You may: * use the Software on any single computer; * use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; * use the Software on a second computer so long as only one copy is used at a time; * copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; or * if you have purchased licenses for a 10 Pack or a 50 Pack, make up to 10 or 50 copies, respectively, of the Software, provided any copy must contain all of the originalSoftware's proprietary notices. The number of copies is the total number of copies that may be made for all platforms. Additional copies of Documentation may be purchased. You may not: * permit other individuals to use the Software except under the terms listed above; * permit concurrent use of the Software; * modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; * copy the Software other than as specified above; * rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or * remove any proprietary notices or labels on the Software. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Byte Enchanters and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BYTE ENCHANTERS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BYTE ENCHANTERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT BYTE ENCHANTERS RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF BYTE ENCHANTERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. MISCELLANEOUS. If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.