LEGAL AGREEMENT 1. Ownership And License. This is a license agreement between you and GT Interactive Software (the "Company"). It is NOT an agreement for sale. The software contained in this package (the "Software") supplied for evaluation purposes only and is the property of the Company and/or its Licensors. Your rights to use the Software are specified in this Agreement, and the Company and/or its Licensors retain all rights not expressly granted to you in this Agreement. 2. Permitted Uses. You are granted the following rights to the Software: (a) Right to Install and Use. You may install and use the Software on a single computer for evaluation purposes only. (b) Right to Copy. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and each copy of the Software are kept in your possession. 3. Prohibited Uses. The following uses of the Software are prohibited. You may NOT: (a) Make or distribute copies of the Software or documentation, or any portion thereof, except as expressly provided for in this Agreement. (b) Use any backup or archival copy of the Software (or allow someone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective; (c) Alter, decompile, or disassemble the Software, create derivative works based upon the Software, or make any attempt to bypass, unlock or disable any protective or initialization system on the Software; (d) Rent, lease, sub-license, time-share, or transfer the Software or documentation, or your rights under this Agreement; (e) Upload or transmit the Software, or any portion thereof, to any electronic bulletin board, network, or other type of multi-use computer system regardless of purpose; (f) Remove or obscure any copyright or trademark notice(s) on the Software or documentation; (g) Include the Software or any portion of the Software or documentation in any software compilation or other commercial product intended for manufacture, distribution, or sale; or (h) Include the Software in any product containing immoral, scandalous, controversial, derogatory, obscene, or offensive works. 4. Termination. This license is effective upon the first use, installation, loading or copying of the Software. You may terminate this Agreement at any time by destruction and disposal of the Software and all related documentation. This license will terminate automatically without notice from the Company if you fail to comply with any provisions of this license. Upon termination, you shall destroy all copies of the Software and any accompanying documentation. All provisions of this Agreement as to warranties, limitation of liability, remedies or damages shall survive termination. 5. Copyright Notice. The Company and/or our Licensors hold valid copyright in the Software. Nothing in this Agreement constitutes a waiver of any rights under U.S. Copyright law or any other federal or state law. 6. Miscellaneous. This Agreement shall be governed by the laws of the United States of America and the State of Minnesota. If any provision, or any portion, of this Agreement is found to be unlawful, void, or for any reason unenforceable, it shall be severed from, and shall in no way affect the validity or enforceability of the remaining provisions of the Agreement. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IN NO EVENT SHALL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT INCLUDING AND WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATE, LOSS OF INCOME OR PROFIT, OR OTHER LOSS SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY. ACKNOWLEDGMENT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERCEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. GT Interactive Software 2300 Berkshire Lane North Plymouth, MN 55441 USA