SOFTWARE AGREEMENT for Galactic Realms NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE. INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE AND A FULL REFUND WILL BE ISSUED. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. IMPORTANT -- READ CAREFULLY: By installing Galactic Realms ("Software") Licensee agrees to be and is hereby bound by the terms of this Software Agreement ("Agreement"). If Licensee does not agree to the terms of this Agreement, Licensee must promptly destroy all copies of the Software and accompanying documentation ("Documentation"). Certain portions of this Agreement restrict Licensee's rights and impose certain obligations with respect to such third party software. I. GRANT OF LICENSE: Kyle Poole hereby grants to Licensee a non-exclusive license to the Software and Documentation subject to the following terms: Licensee may: (i) use the Software on any single computer; (ii) use the Software on a second computer so long as the first and second computers are not used simultaneously; (iii) copy the Software for back-up, archival purposes provided any copy must contain all of the original Software's proprietary notices. Licensee may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation. II. SOFTWARE: If Licensee receives the first copy of the Software electronically and a second copy on media the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant Licensee any right to any enhancement or update. III. TITLE: Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with Kyle Poole and/or his suppliers. The Software is protected by the copyright laws of Canada and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives Licensee no rights to such content. IV. CONFIDENTIALITY: By virtue of this agreement, the parties may have access to information that is confidential to one another ("Confidential Information"). Confidential Information shall be limited to the Software Products and all information clearly marked as confidential. A party's Confidential Information shall not include information which (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. Results of any tests run by Customer may not be disclosed outside of Customer's organization without permission in writing from Kyle Poole. The parties agree, both during the term of this Agreement and for a period of two years after termination of the Agreement and of all licenses granted hereunder, to hold each other's Confidential Information in confidence. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any other purpose than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement. V. DISCLAIMER OF WARRANTY: Product is deemed accepted by Recipient. The PRODUCT is provided AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KYLE POOLE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KYLE POOLE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF KYLE POOLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT. VI. TERMINATION: This license shall terminate automatically if Licensee fails to comply with the limitations described in this license. No notice shall be required to effectuate such termination. On termination Licensee must destroy all copies of the Software and Documentation. VII. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: The Software is provided with RESTRICTED RIGHTS. Use duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19 as applicable. Manufacturer is Kyle Poole, 90 James St, New Hamburg, ON Canada, N0B 2G0. Licensee acknowledges that none of the Software or underlying information or technology may be download or otherwise exported or re-exported (i) into (or to a national or resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Software Licensee is agreeing to the foregoing and is representing and warranting that it is not located in under the control of a national or resident or resident of any such country or on any such list. VIII. GOVERNING LAW: The rights and obligations of the party's under this Agreement shall not be governed by the U N Convention on Contracts for the International Sales of Goods; rather such rights and obligations shall be governed and construed under the laws of the Province of Ontario, without reference to conflict of laws principles. IX. ENTIRE AGREEMENT: This agreement constitutes the complete and exclusive agreement between Kyle Poole and Licensee with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This agreement may not be modified except in writing duly signed by an authorized representative of Kyle Poole and Licensee.