DVD Software, Inc. P.O. Box 16112, Irvine, CA 92713-6112 2 Ravenna, Irvine, CA 92714 DVD SOFTWARE - LICENSE AGREEMENT UnGame for Windows (TM) NOTICE TO USERS ("COMPANY"): CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. COMPANY'S USE OF THIS SOFTWARE ("THE SOFTWARE") IS CONDITIONED UPON COMPLIANCE BY COMPANY WITH THE TERMS OF THIS AGREEMENT. A SHAREWARE VERSION OF THE SOFTWARE MAY BE EVALUATED FOR THIRTY DAYS ON A ROYALTY FREE BASIS. USE OF THE REGISTERED VERSION OF THE SOFTWARE AND THE CONTINUED USE OF THE SHAREWARE VERSION AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY COMPANY OF THE LICENSE FEE. At the end of the evaluation period, this copy and all other copies you may have of the shareware version of The Software must be destroyed and you must purchase The Software if you wish to continue to use it. Just fill in the enclosed order form, using your preferred payment method and send it by mail or fax. The Software may not be distributed by Company to any outside corporation, organization or government agency. This license authorizes Company to use the number of copies described in the confirmation letter from DVD Software ("DVD") and for which Company has paid DVD the license fee. Each copy of the Software may be used for detecting and/or cleaning games on one file server only and on all the PCs directly connected to it. This license will remain in effect for one year from the date of the confirmation letter from DVD authorizing such continued use. If Company does not obtain a confirmation letter and pay the applicable license fee, this license expires at the end of the thirty days evaluation period. All updates must be accessed and downloaded from DVD's bulletin board. Access instructions for the Company's licensed user bulletin board are included in the confirmation letter. COPYRIGHT. The Software is protected by United States copyright laws and international treaty provisions. Company acknowledges that no title to the intellectual property in The Software is transferred to Company. Company further acknowledges that full ownership rights to The Software will remain the exclusive property of DVD or its suppliers, and Company will not acquire any rights to The Software except as expressly set forth in this license. Company agrees that any copies of The Software made by Company will contain the same proprietary notices which appear on and in The Software. REVERSE ENGINEERING. Company agrees that it will not attempt, and will use its best efforts to prevent its employees from attempting to reverse compile, modify, translate or disassemble The Software in whole or in part. LIMITED WARRANTY. DVD warrants that The Software will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date DVD receives payment. COMPANY REMEDIES. If The Software does not conform to the limited warranty above ("Limited Warranty"), DVD's entire liability and Company's sole and exclusive remedy shall be, at DVD's option, either to (a) correct the error, (b) help Company work around or avoid the error or (c) authorize a refund, so long as The Software is destroyed by Company. The Limited Warranty is void if failure of The Software has resulted from accident, abuse, or misapplication. Any replacement software will be warranted for the remainder of the original Limited Warranty period. NO OTHER WARRANTIES. DVD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, IDENTIFIES ALL KNOWN GAMES OR MAY NOT OCCASIONALLY REPORT OR DELETE A FILE WHICH IS NOT A GAME. EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, DVD DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL DVD OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF DVD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DVD'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY COMPANY. GOVERNING LAW. This Agreement will be governed by the laws of the State of California as they are applied to agreements to be entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software is acquired (i) for use by DoD, use, duplication or disclosure by the Government is subject to the terms of this license unless superseded by 252.227-7013(c)(1)(ii) or (ii) for use by civilian agencies, use, reproduction or disclosure is subject to the terms of this license unless superseded by 52.227-19. MISCELLANEOUS. All information in this and other documents is subject to change without prior notice. All brands and product names which appear in this document or in The Software are trademarks or registered trademarks of their respective holders. Company may not list The Software in advertisements, catalogs, or other literature which describes The Software as "FREE SOFTWARE" or as "PUBLIC DOMAIN SOFTWARE". =============================================================================== DVD Software, Inc. P.O. Box 16112, Irvine, CA 92713-6112 2 Ravenna, Irvine, CA 92714 Tel: 714-757-0615 Fax: 714-757-1832 BBS: 1200 - 14.4K baud, USR V.32: 714-757-1829 Compuserve: 76131,1450 America Online: UngameSup Internet: UngameSup@AOL.COM