THE SIERRA PRE MARKET EVALUATION AGREEMENT AGREEMENT made between Sierra On-Line Inc ( "Licensor" ) and the user(s) of this computer system ( "Licensee" ). For valuable consideration, the parties hereby agree as follows: 1. Definitions - The following terms are defined for the purposes of this Agreement: Sierra Programs will mean the object code or machine-executable code versions of the computer program(s) as specified in schedule A. Copy will mean any material object in which information (such as, for example, all or part of an Sierra Program) is temporarily or permanently fixed by any means now known or later developed, and from which all or part of such information can be perceived, reproduced, used or communicated, either directly or by means of a machine or other device. Sierra Materials will mean all copies of the Sierra Programs, and all other materials in whatever form relating to any Sierra Program that are provided by Licensor to Licensee during the term of this Agreement. Designated Location will mean a location as specified in Schedule A to this Agreement. 2. ACKNOWLEDGEMENT - THE SIERRA PROGRAMS ARE SOFTWARE PROGRAMS CURRENTLY UNDER DEVELOPMENT AND TESTING BY LICENSOR. LICENSOR DESIRES TO OBTAIN INPUT FROM LICENSEE TO ASSIST LICENSOR IN ITS ONGOING DEVELOPMENT OF THE SIERRA PROGRAMS. LICENSEE IS WILLING TO PROVIDE THAT INPUT AND DESIRES TO HAVE PRE-RELEASE EXPERIENCE WITH THE SIERRA PROGRAMS. ACCORDINGLY, THE PARTIES ACKNOWLEDGE THAT THE SIERRA PROGRAMS LIKELY CONTAIN "BUGS" AND OTHER ERRORS THAT COULD ADVERSELY AFFECT THE USE OR PERFORMANCE OF THE SIERRA PROGRAMS; THE SIERRA PROGRAMS MAY CONTAIN INOPERABLE FEATURES; THE SIERRA MATERIALS MAY CONTAIN ERRORS AND MAY BE INCOMPLETE; AND THE LICENSEE SHOULD TAKE EXTRA CARE IN PRESERVING ITS DATA IN ORDER TO AVOID ANY LOSS OF DATA AS A RESULT OF USING THE SIERRA PROGRAMS. 3. License - Licensor hereby grants to Licensee a non-exclusive license (i) to use the Sierra Programs at the Designated Location on the computer(s) specified in Schedule A for the limited purposes of becoming familiar with the Sierra Programs and providing comments to Licensor and (ii) to use the Sierra Materials at the Designated Location as required for licensed use of the Sierra Programs. Licensee may not sublicense, assign, or otherwise transfer any of its rights in this license. Licensee agrees not to use the Sierra Programs or Sierra Materials at any location other than at the Designated Location. Licensee agrees that only the specific employees of Licensee listed in Exhibit A and such others as may be approved in writing by Licensor in its sole discretion (collectively, the "Authorized Persons") will be permitted access to or use of the Sierra Programs, the Sierra Materials and the results or other output generated by use thereof, and only such Authorized Persons will be permitted to view the use or demonstration of the Sierra Programs and Sierra Materials. The license granted hereunder expires 45 days from the date of this Agreement, but may be extended or terminated by Licensor at its option. 4. Limited Permission to Copy Sierra Programs - Licensee agrees not to make any Copy of the Sierra Programs or Sierra Materials, in whole or in part, except as expressly provided herein. Licensee may make object code or machine-executable code Copies of part or all of the Sierra Programs only to the extent reasonably required to fix the Sierra Programs in the computer temporarily for the uses authorized in Paragraph 3. This Agreement does not authorize Licensee to make any modifications to or adaptations of any Sierra Programs or to merge any Sierra Program into other programs or other materials, and any such modification, adaptation or merging is expressly prohibited. Licensee agrees that it will not decompile, disassemble, or otherwise reverse engineer the Sierra Programs, or otherwise use the Sierra Programs in any manner except as expressly permitted by this Agreement. 5. Security Precautions - Licensee hereby acknowledges that the Sierra Programs and Sierra Materials constitute valuable trade secrets of Licensor. Licensee agrees to use its best efforts to keep the Sierra Programs and Sierra Materials confidential and to assure that no Sierra Program or Sierra Material or any part thereof or output therefrom is disclosed to any person other than Authorized Persons. As part of such best efforts, Licensee agrees to use storage procedures and locations which will minimize the risk of theft or unauthorized copying, and to take appropriate action by instruction, agreement, or otherwise with the Authorized Persons. Upon any termination of the license granted herein, Licensee will (i) erase or otherwise destroy all Copies of part or all of the Sierra Programs that are fixed or resident in memory in computers owned or controlled by Licensee and (ii) return to Licensor all other existing Copies (including original Copies) of part or all of the Sierra Programs or Sierra Materials in the possession or under the control of Licensee, together with a description of the circumstances which resulted in the destruction of any such Copies that were once (but no longer are) in the possession or under the control of Client. All Sierra Programs and Sierra Materials will be clearly marked "SIERRA ON-LINE CONFIDENTIAL INFORMATION--UNAUTHORIZED USE IS STRICTLY PROHIBITED." 6. Ownership - Licensee acknowledges that, as between Licensor and Licensee, the Sierra Programs and Sierra Materials and all copyrights and other intellectual property rights with respect thereto, are and will at all times be the property of Licensor, even if suggestions made by Licensee are incorporated into subsequent versions of the Sierra Programs or Sierra Materials. 7. Warranties, Etc - THE SIERRA PROGRAMS AND SIERRA MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LICENSOR WILL HAVE NO LIABILITY OR RESPONSIBILITY TO LICENSEE OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS, OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY, BY THE SIERRA PROGRAMS OR THE SIERRA MATERIALS, AND LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM SAME. IN NO EVENT WILL LICENSOR BE LIABLE FOR LOST DATA, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE USE OR OPERATION OF THE SIERRA PROGRAMS OR SIERRA MATERIALS. 8. Effect of Termination - Upon termination of this Agreement, only (i) the nonexclusive license to use the Sierra Programs and Sierra Materials and (ii) the limited permission to make copies of the Sierra Programs will terminate; all other rights and obligations will survive such termination. 9. Miscellaneous - This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral and written agreements, negotiations, understandings and communications regarding such subject matter. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted, and the balance of this Agreement will be enforceable in accordance with its terms. Except as otherwise provided herein, this Agreement will be governed by the laws of the State of Washington, as applied to agreements made and performed entirely in that state. 10. Reporting Problems and Concerns - A message board has been setup as a method for discussing issues found in the pre-release version. The Licensee agrees to report all problems and concerns that may be present in the pre-release version. The Licensor will use its discretion in determining problems and concerns that must be addressed in subsequent versions of the product. The message board URL is: http://www.sierrasports.com/golf-qa/board2/index.shtml Login: golfqa Password: forE! My action of clicking on the "I Agree" button represents my agreement to comply with all terms of this agreement. I warrant that I am of legal age (18 years or older) and if not, my parents/guardian have agreed to the terms of this agreement on my behalf.