THE CD-ROM ON WHICH THIS LICENSE AGREEMENT IS LOCATED CONTAINS LIMITED USE DEMONSTRATION VERSIONS OF "WORK-IN-PROGRESS" INTERACTIVE ENTERTAINMENT PRODUCTS. PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS CD-ROM. LICENSE AGREEMENT This is a license agreement between you (either an individual or an entity), the end user, and Virgin Interactive Entertainment, Inc. ("Virgin"). VIRGIN PRODUCT LICENSE 1. GRANT OF LICENSE. This Virgin License Agreement ("License") permits you to use one copy of the software and associated files on this CD-ROM (collectively "Software") on any single computer system. 2. COPYRIGHT. The Software is owned by Virgin or its suppliers and is protected by the United States copyright laws and international treaty provisions. Virgin retains all rights not expressly granted. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy any written materials accompanying the Software. 3. OTHER RESTRICTIONS. This Virgin License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not loan, sell, rent, lease, give, sublicense or otherwise transfer the Software (or any copy). Notwithstanding the foregoing, in one case you may transfer your rights under this Virgin License Agreement on a permanent basis provided you transfer this License Agreement, the Software, and all accompanying written materials, retain no copies, and the recipient agrees to the terms of this Agreement. You may not modify, adapt, translate, create derivative works, decompile, disassemble, or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit or encourage any third party to do so. If the Software is an update, any transfer must include the update and all prior revisions. EXCLUSION OF WARRANTY USE THIS SOFTWARE AT YOUR OWN RISK! The Software consists of preliminary release demonstration versions of interactive entertainment products and is being provided to you solely for your evaluation of upcoming product releases by Virgin. The Software may contain significant and insignificant program errors, including errors which cause the interruption of operation of your computer system. Additionally, the interactive entertainment products displayed in the Software may undergo significant changes prior to release of generally available final versions or may not be released at all. As a result, the CD-ROM and the Software contained therein are provided "AS IS" and you assume the responsibility for determining the suitability of the Software on your system and for results obtained. VIRGIN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CD-ROM, THE SOFTWARE, OR ANY USE OF EITHER ONE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY WHATSOEVER AS TO QUALITY, THE FITNESS FOR A PARTICULAR USE OR THE MERCHANTABILITY OF THE PROGRAMS. VIRGIN DOES NOT WARRANT THAT THE CD-ROM OR THE OPERATION OF THE SOFTWARE WILL BE WITHOUT DEFECT OR ERROR OR WILL SATISFY THE REQUIREMENTS OF YOUR COMPUTER SYSTEM. VIRGIN SHALL IN NO EVENT BE RESPONSIBLE FOR LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE CD-ROM OR SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT OR INDIRECT DAMAGES OR ANY LIABILITY FOR EXPENSE OR DAMAGE CAUSED BY ANY DEFICIENCY, DEFECT, ERROR OR MALFUNCTION OF THE CD-ROM OR SOFTWARE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, INCLUDING (WITHOUT LIMITATION) PRODUCTS LIABILITY AND TORT, EVEN IF VIRGIN KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. These limitations and exclusions shall apply notwithstanding any failure of essential purpose of any limited remedy. No dealer, distributor, retailer or Virgin agent or employee is authorized to make any modification or addition to this warranty. Some states/jurisdictions do not allow the exclusion or limitation of warranties or liability for damages, and therefore the above limitations and exclusions may not apply to you, and you may have other rights which vary from state to state. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and all accompanying written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Restricted Rights in Technical Data and Computer Software Clause at FAR 52.227-7013(c)(1)(ii) or FAR 52.227-19. Manufacturer is Virgin Interactive Entertainment, Inc. 18061 Fitch Avenue, Irvine, California, 92714. This Agreement is governed by the laws of the State of California. For more information about Virgin's licensing policies, please write: Virgin Interactive Entertainment, Inc./18061 Fitch Avenue/Irvine, CA 92714.