FORCE 21 DEMO LIMITED USE SOFTWARE LICENSE AGREEMENT This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Red Storm Entertainment Inc. (LICENSOR) 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. SOFTWARE LICENSE 1. Grant of License. LICENSOR grants to you the limited right to use one (1) copy of the enclosed or foregoing game program (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 device. Red Storm Entertainment grants a specific exemption to allow the customer to play multiplayer games on a home LAN without purchasing multiple copies of the product. This should not be construed to grant any additional rights, or waive any other rights that Red Storm Entertainment possesses, except as otherwise set forth in this license. 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. The Software is copyrighted and licensed (not sold); the LICENSOR does not transfer title to the Software to you. The Software is licensed to you, the end user alone; you agree not to transfer the software to others. You agree to destroy all copies of the Software within three months after license termination, although you may keep a single copy in your archives for recordkeeping purposes. 2. Commercial Use is Prohibited. Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software, or any portion thereof, such as a screen display or a screenshot. Neither you nor anyone at your direction shall do any of the following acts: a. Rent the Software; b. Sell the Software; c. Lease or lend the Software; d. Offer the Software on a pay-per-play basis; e. Distribute the Software; or f. In any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose. 3. Additional Prohibited Uses. Neither you, nor anyone at your direction, shall take the following action in regard to the Software, or any portion thereof, such as a screen display or a screenshot: a. Modify, disassemble, reverse engineer or decompile the Software; b. Translate the Software; c. Reproduce the Software; d. Publicly display the Software; or e. Prepare derivative works based upon the Software. 4. Use of Other Material is Prohibited. Use, in any manner, of the trademarks, logos, symbols, art work, images, screen displays or screenshots, sound effects, and other such material contained within, generated by, or relating to the Software is prohibited. 5. Restrictions Apply to Third Parties. The prohibitions and restrictions described herein apply to anyone in possession of the Software. 6. Copyright. The Software is owned by LICENSOR and its licensors and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material. You may not charge or receive any consideration from any other person for the receipt or use of the Software. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. 7. Limited Warranty. LICENSOR 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. LICENSOR'S entire liability and your exclusive remedy shall be, at LICENSOR'S option, either (a) return of the retail price paid, if any, or (b) repair or replacement of the Software that does not meet LICENSOR'S Limited Warranty. To make a warranty claim, return the Software to the point of purchase, accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to LICENSOR (2000 Aerial Center Suite 110 Morrisville NC 27560). 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 LICENSOR. LICENSOR'S product pricing reflects this allocation of risk and the limitations of liability contained in this warranty. 8. NO OTHER WARRANTIES. LICENSOR 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. LICENSOR 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 LICENSOR ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF LICENSOR. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY LICENSOR AND SHOULD NOT BE RELIED UPON. 9. Limitation of Liabilities. LICENSOR 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 LICENSOR OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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. The limitations of liability described in this section also apply to any third party supplier of Redistributable Code. LICENSOR and its third party suppliers' limitations of liability are not cumulative. Each third party supplier is an intended beneficiary of this section. 10. General Provisions. Neither this Agreement nor any part or portion of the Software maybe 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. Note to United States government users - the Software is subject to restrictions and provided with restricted rights. 11. Redistributable Code. The Software contains Redistributable Code that is the property of Microsoft Corporation, its suppliers, and other third parties, and is protected by copyright law and international treaty provisions. You are authorized to make and use copies of the Redistributable Code only as part of the Software. You are not authorized to reproduce and distribute the Redistributable Code on a standalone basis. You may not reverse engineer, decompile, or disassemble the Redistributable Code, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. THE REDISTRIBUTABLE CODE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY AND THE USE OF THE REDISTRIBUTABLE CODE. MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE REDISTRIBUTABLE CODE, EVEN IF MICROSOFT OR SUPERCEDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 12. 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 ANY WRITTEN SEPARATE AGREEMENTS BETWEEN LICENSOR AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ANY AND ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN LICENSOR AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.