I. LIMITED USE SOFTWARE LICENSE AGREEMENT This Limited Use Software License Agreement (heretofore referred to as the "Agreement") is a legal agreement between you, the end-user, and MoonRock Software, Incorporated. (heretofore referred to as "MoonRock"). By continuing the installation of this game program, by loading or running the game, or by placing or copying the game program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. MOONROCK SOFTWARE LICENSE 1. Grant of License. MoonRock grants to you the right to use the QBob(tm) game program (heretofore referred to as the "Software"). For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage devices. You shall not: rent, lease, sell, distribute for money or other consideration, modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law. 2. Commercial Use is Prohibited: Under no circumstances shall you, the end user, be permitted, allowed or authorized to commercially exploit the Software. Neither you nor anyone at your direction shall do the following acts: a. Rent the Software; b. Sell the Software; c. Lease the Software; d. Offer the Software on a pay-per-play basis; e. Distribute the Software for money or other consideration; or f. In any manner and through any medium whatsoever commercially exploit the software or use the software for any commercial purpose. 3. Electronic Distribution is Permitted: MoonRock grants to you the right to distribute, royalty free and by electronic means only, the Software; provided, however the Software must be so distributed only in compressed format. Please see Section II. of this document, Limited Distribution Software License Agreement. 4. Copyright. The Software is owned and exclusively distributed by MoonRock and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may make copies of the Software to give to other persons, but you may not distribute the registration password which unlocks the full version of the Software. You may not charge or receive any consideration from any other person for the receipt or use of the Software without receiving the prior written consent of MoonRock. You may not charge or receive any consideration from any other person for the receipt or use of a registration password which unlocks the full version of the software. You may not transfer ownership of the full version of the software or the registration password to any other party under any conditions. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. 5. Limited Warranty. MoonRock warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with its designed purpose for a period of ninety (90) days from the date the Software is first obtained by an end-user. MoonRock's entire liability and your exclusive remedy shall be, at MoonRock's option, either (a) return of the retail price paid, if any, or (b) repair or replacement of the Software that does not meet MoonRock's Limited Warranty. To make a warranty claim, send your written statement of defect to MoonRock, accompanied by proof of purchase, your name, and your address, or return the Software with the above information to MoonRock. This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty allocates risks of product failure between Licensee and MoonRock. MoonRock's product pricing reflects this allocation of risk and the limitations of liability contained in this warranty. 6. NO OTHER WARRANTIES. MOONROCK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. MOONROCK DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF MOONROCK ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF MOONROCK. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY MOONROCK AND SHOULD NOT BE RELIED UPON. 7. Exclusive Remedies. You agree that your exclusive remedy against MoonRock, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the retail purchase price paid, if any, or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, MOONROCK SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF MOONROCK OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. UNDER NO CIRCUMSTANCES WILL WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM THE USE OR DISTRIBUTION OF THIS SOFTWARE, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 8. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed, except as described herein. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN MOONROCK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN MOONROCK AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. II. LIMITED DISTRIBUTION SOFTWARE LICENSE AGREEMENT This license pertains to the software: QBob (tm) (heretofore referred to as the "Game" or as the "Software"). Copyright 1996,1997 MoonRock Software Inc. 1315 Madison St., Suite #191 Seattle, WA 98104 All rights reserved. BY COPYING, USING OR DISTRIBUTING THE GAME, YOU INDICATE YOUR AGREEMENT TO THIS LICENSE 1. DEFINITIONS: The "Trademarks" consist of the "MoonRock Software Inc." words and logo, the name of the Game, game characters, and all other marks used by MoonRock in connection with the Game. Other trademarks used for description or comparison purposes are the property of their respective owners. All definitions asserted in Section I. of this document, Limited Use Software License Agreement, also apply to this Section of the document. 2. OWNERSHIP: Except to the extent expressly licensed, MoonRock owns and reserves the exclusive right to distribute the Game, and the right to use the Trademarks in connection with it. Its content, layout and format are the property of MoonRock to the extent permitted by law. 3. GRANT: MoonRock grants a non-exclusive, non-transferable, royalty-free license to distribute the Game only as follows: a. INDIVIDUALS are encouraged to share and give copies of the shareware version of the Game to friends, family, coworkers, and members of any not-for-profit organization, but only without charge. b. ONLINE SERVICES (including BBSs, and WWW and FTP sites) that are free (except for any subscription fees or incidental Internet access charges), and BBSs with 250 or fewer nodes (regardless of any charges to users) may make the shareware version of the Game available for downloading. c. These grants are subject to the conditions that no copyright information or trademark will be added or removed, and all of the Game's files as released by MoonRock will be included without modification. The files at a minimum include: QBob for Win95/NT ================= qbob.exe qbob.dll qbob.hlp order.wri legal.txt QBob for Win 3.1x ================= qbob16.exe qbob16.hlp order.wri legal.txt readme.txt d. *ALL* other distribution, including, but not limited to distribution by lease, rental, CD-ROM, catalog, and retail rack REQUIRES WRITTEN PERMISSION (which MoonRock may withhold in its discretion) AND PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED BENEFIT. Interested persons are invited to contact MoonRock (proposals welcome). e. You may not distribute or transfer in any form a registration password which unlocks the full version of the software or an unlocked copy of the software to any party under any conditions. 4. TERM: Unless terminated for cause, grants by MoonRock under this license terminate 30 days after receipt of written notice, or such longer period as the notice may provide. Subsections [2] and [5] survive termination. 5. MISCELLANY a. Since we (MoonRock) would be irreparably damaged if Subsections [2], [3], [4], or [5][D] were not specifically enforced, we will be entitled without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of such sections, in addition to such other remedies as we may have. b. You will indemnify and hold us, our partners, affiliates, contractors, employees and agents harmless from damage, loss and expense arising directly or indirectly from your acts and omissions in copying, distributing or modifying the Game. c. With respect to every matter arising under this, you consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Seattle, Washington, (or a jurisdiction and venue chosen by MoonRock) and to service by certified mail, return receipt requested, or as otherwise permitted by law. d. Except as explicitly permitted herein, you will not modify the Game. Except to the extent, if any, applicable law may require otherwise, you will not decompile, disassemble, or reverse engineer the Game, or use or disclose any confidential information that it contains. This version of the license supersedes any previous versions of said document relating to the Game. (This Game specifically, and not other titles published by MoonRock.) MoonRock Software Inc. 02-23-97