Limited Warranty and Disclaimer of Warranties

LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES

You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. The Software and media are supplied “AS IS.” Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that the Software storage medium will be free from defects in materials and workmanship under normal use for ninety

(90)days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misappli- cation. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software. Follow the Product Return Procedures described in the Manual. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIM- ITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITH- OUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUP- TION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARIS- ING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAM- AGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.

CHOICE OF LAW AND VENUE

This EULA is governed by the laws of the United States of America and the State of New York, exclusive of its conflicts of law provisions. The exclusive venue for litigation regarding or arising from this EULA is New York County, New York and you agree to submit to the Jurisdiction of the courts of New York County, New York for any such litigation.

MISCELLANEOUS

If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.

This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.

© 2004 Atari Interactive, Inc. All Rights Reserved. RollerCoaster Tycoon® 3 game © 2004 Chris Sawyer. Programming © 2004 Frontier Developments Ltd. All Rights Reserved. All trademarks are the property of their respective owners. Developed by Frontier Developments Ltd.

Pentium is a trademark or registered trademark of Intel Corporation or its subsidiaries in

the United States and other countries.

Manufactured under license from Dolby Laboratories.

ATI and RADEON are trademarks and/or registered trademarks of ATI Technologies Inc.

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