Grant of License

The Software is licensed and not sold to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software in the manner described in the user documentation. The Company reserves all rights not expressly granted to you in this EULA.

PERMITTED USES

1.If the Software is configured for loading on a hard drive, you may install and use the Software on a single computer.

2.You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession.

3.You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and print- ed materials and any upgrades) and the recipient reads and accepts this EULA.

RESTRICTIONS

1.You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.

2.You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.

3.You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User Variation section of this Agreement or other documentation accompa- nying the Software) or otherwise commercially exploit the Software.

4.You may not electronically transmit the Software from one computer, console or other plat- form to another or over a network.

5.You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it’s destroyed or becomes defective.

EDITOR AND END-USER VARIATIONS

If the Software includes a feature that allows you to modify the Software or to construct new variations (an “Editor”), you may use such Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively the “Variations”), subject to the following restrictions. Your Variations: (i) must only work with the full, registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) 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; (iv) must not contain any trademarks, copy- right-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing service.

TERMINATION

This EULA is effective until terminated. You may terminate this EULA at any time by destroy- ing the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to war- ranties, limitation of liability, remedies and damages will survive termination.

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 nor- mal use for ninety (90) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. 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.

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