END-USER LICENSE AGREEMENT FOR MORE THAN INTERACTIVE GAMES, LLC GAMES

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and MORE THAN INTERACTIVE GAMES, LLC or one of its affiliates ("MTI Games") for the MTI Games software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services, including without limitation any software downloaded from any website owned or operated by MTI Games ("Software"). An amendment or addendum to this EULA may accompany the Software.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

1. GRANT OF LICENSE. MTI Games grants you the following rights provided that you comply with all terms and conditions of this EULA:
1. Installation and use. You may install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). The Software may not be used by more than two (2) processors at any one time on any single Workstation Computer.
2. Mandatory Activation. The license rights granted under this EULA are limited to the first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software, if any. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. MTI Games will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. Please see MTI Games’ Privacy Policy regarding the collection of any personally identifiable information from your Workstation Computer during this process.
3. Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed, used, accessed, displayed or run. A license for the Software may not be shared or used concurrently on different Workstation Computers.
2. AUTOMATIC INTERNET-BASED SERVICES/DRM. The Software features described below are enabled by default to connect via the Internet to MTI Games or third party provider computer systems automatically (such as for in-game advertising through Massive Corporation, a subsidiary of Microsoft Corporation), without separate notice to you. You consent to the operation of these features. MTI Games does not obtain information through any of these features which is personally identifiable to you. MTI Games uses digital rights management technology ("DRM") to protect the integrity of the Software and its content so that their intellectual property, including copyright, in such content is not misappropriated.
3. RESERVATION OF RIGHTS AND OWNERSHIP. MTI Games reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. MTI Games or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. LINKS TO THIRD PARTY SITES. If you are able to link to third party sites through the use of the Software, the third party sites are not under the control of MTI Games, and MTI Games is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. MTI Games is not responsible for webcasting or any other form of transmission received from any third party sites. MTI Games is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by MTI Games of the third party site.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, product support services, or Internet-based services components, of the Software that you may obtain from MTI Games after the date you obtain your initial copy of the Software, unless you accept updated terms or another agreement governs. MTI Games reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by MTI Games as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
10. END USER PROOF OF LICENSE. If you acquired the Software on a compact disc or other media, you should keep the packaging that has the label on it to prove that you are licensed to use the Software.
11. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include the Software and the Proof of License label. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
12. TERMINATION. Without prejudice to any other rights, MTI Games may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
13. NOTICE REGARDING SECURITY. To help protect against breaches of security and malicious software, periodically back up your data and system information, use security features such as firewalls, and install and use security updates.
14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. MTI Games warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
15. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by MTI Games, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet MTI Games' Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the Section below entitled "Exclusion of Incidental, Consequential and Certain Other Damages" is also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
16. YOUR EXCLUSIVE REMEDY. MTI Games' and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at MTI Games' option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to MTI Games with a copy of your receipt. You will receive the remedy elected by MTI Games without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to MTI Games). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and MTI Games will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with MTI Games' warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by MTI Games are available without proof of purchase from an authorized international source. To exercise your remedy, contact MTI Games.
17. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, MTI Games and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MTI GAMES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MTI GAMES OR ANY SUPPLIER, AND EVEN IF MTI GAMES OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of MTI Games and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by MTI Games with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 14-18) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
20. APPLICABLE LAW. This EULA is governed by the laws of the State of New York and , you consent to the jurisdiction of the federal and state courts sitting in New York, New York, unless expressly prohibited by local law.
21. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and MTI Games relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any MTI Games policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
22. COPYRIGHT: The Software is copyrighted. All rights are reserved. No part of the Software may be copied, reproduced, translated or reduced to any electronic medium or machine readable form without the prior written consent of MTI Games.