WONTOM PTY LTD END USER LICENSE AGREEMENT (EULA)

EULA VER 1.0 - May 2006

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

END USER LICENSE AGREEMENT

This software program on CD-ROM / Downloaded from the Internet, and any files that are delivered to you by Wontom Pty Ltd (Wontom) (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and materials (collectively the "Game") are the copyrighted work of Wontom Pty Ltd or its suppliers and licensors (collectively referred to herein as "Licensor"). All use of the Game is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement").The Game is distributed solely for use by authorized end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited. 

1. Grant of a Limited Use License. 

The Game installs computer software (hereafter referred to as the "Game Client") onto your hardware to allow you to play the Game. Licensor hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install the Game Client for your personal use on one (1) or more devices which you own or which are under your personal control. 

2. Distribution of Trial Version

The end user is hereby permitted a License to distribute or transfer copies of the Trial Version (Limited function software) to any other individual whether by direct device to device transfer, email, hosting on websites, FTP or any other distribution mechanism provided that they distribute the install file IN FULL with all information, capabilities and this license agreement intact, and they the distribution of the Trial Version of the software is not charged for in any way shape or form.  The end user may not under any circumstances distribute a license key to any other user, and posting a license serial key on the Internet may render that key inoperative and your software may cease to function.

3. Ownership.

A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game) are owned or expressly licensed by Licensor. The Game is protected by the copyright laws of Australia, international copyright treaties and conventions, and other laws. All rights are reserved. The Game may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. 

B. You may NOT permanently transfer ownership of the Game to any third party.  Any license and serial numbers issued to you are exclusively bound to you and your device(s).

4. Responsibilities of End User.

A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. 

B. agree that you shall not, under any circumstances, 

(i) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Game to others; 
(ii) exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose, including, but not limited to, use at a cyber caf¨¦, computer gaming centre or any other location-based site without the express written consent of Wontom; 
(iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Licensor in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose

5. Termination.

This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) destroying the Game; (ii) removing the Game from your device; and (iii) notifying Licensor of your intention to terminate this License Agreement. Licensor may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the Terms of Use. In such event, you must immediately destroy the Game and remove the Game from your device. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate. 

6. Patches and Updates.

Licensor may deploy or provide patches, updates and modifications to the Game.  In the event of a MAJOR version upgrade, a licensed user may be provided a discount on the purchase of a new version of the game incorporating any new or substantially changed features.  Minor version upgrades may be provided to the end user at no cost.  Patches and Updates are provided at the Licensor's sole discretion.

7. Limited Warranty.

Licensor expressly disclaims any warranty for the Game. THE GAMEIS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game remains with the user. Notwithstanding the foregoing, Licensor warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Licensor of proof of purchase of the defective media, Licensor will at its option 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

8. Limitation of Liability.

NEITHER LICENSOR NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. 

9. Equitable Remedies. 

You hereby agree that Licensor would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 

10. Miscellaneous.

This License Agreement shall be deemed to have been made and executed in the State of Victoria, Australia without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of Victoria. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of Victoria, having subject matter jurisdiction with respect to the dispute between the parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Game is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein.