+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ SOFTWARE: Master Thief(tm) (Palm OS3.3x upwards) CASCATA LIMITED & MOBILEWIZARDRY LIMITED END-USER LICENCE AGREEMENT (EULA) 2002 http://www.cascatagames.com & http://www.mobilewizardry.com +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Please read the terms and conditions of this Freeware Licence Agreement carefully, in particular the restrictions contained within and the disclaimers and limitations of liability of use. GRANT OF LICENCE This Licence Agreement ("Licence") sets out the legal terms and conditions upon which we, Cascata Limited & MobileWizardry Limited ("Creators"), permit You to install and use the PDA version of the interactive computer game Master Thief(tm) ("Software"). ("You") means the individual downloading, and paying (where applicable) for the right to install and use the freeware SOFTWARE. The Freeware Software is licensed, not sold. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the complete product unopened or uninstalled using the Returns procedure at the merchant or supplier from whom you purchased the SOFTWARE. The minimum requirements required in order for you to be able to install and use the Software are stated on the merchant Website. You are solely responsible for ensuring that your PDA meets the Minimum Requirements. You will not be able to install and/or use the Software unless your PDA meets the Minimum Requirements. Creators reserves the right to retain any payment made in respect of the Software in the event that You attempt to install and/or use the Software on a PDA which does not meet the Minimum Requirements. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ FREEWARE PRODUCT TRANSFER User may permanently transfer the entire Freeware Product to any third party, providing that the third party accepts the terms of this EULA in its entirety. In the event that User has received this Freeware Product as part of a Freeware Bundle, then all Freeware Products supplied as part of that Freeware Bundle must be transferred. Under no circumstances can a Freeware Product supplied as part of a Freeware Bundle be transferred separately. Please note that this is a legally binding agreement. If you do not agree to be bound by its terms do not proceed to install the SOFTWARE. If you are prepared to be bound by these terms and conditions after having read them carefully please click onto the "I Agree" button at the end of this Licence Agreement. By doing so you will be agreeing to be legally bound by the terms of this Licence Agreement. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ FURTHER CONDITIONS OF LICENSE The Creators may at any time and without notice or warning change the contents and technical specifications of the Software as the companies sees fit. Without prejudice to the generality of the foregoing, the Creators do not guarantee the availability of the SOFTWARE on the Website for any period of time. The rights and licences granted to you in this Licence Agreement are personal to You. This Licence Agreement and the rights granted to you under it are for your benefit only and are not transferable or assignable. You may only use the Software for your own personal and non-commercial leisure use. Except for the rights expressly set out in this Licence Agreement, all rights (including intellectual property rights) in relation to the Software and the game comprised therein are reserved absolutely by the respective named owners of such rights. Except as expressly permitted by this Licence Agreement and save and to the extent expressly permitted by applicable law, you may not rent, lease, sub-license, exploit for gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the SOFTWARE or use, reproduce or otherwise deal in the Software or any part thereof in any way. To the maximum extent permitted under law, if during the warranty period set forth below, a defect is discovered by User, User’s exclusive remedy hereunder shall be, at the sole option of the Creators the repair or replacement of the Freeware Product. In order to obtain such remedy, User must return the Freeware Product in its entirety to the Creators, for a replacement copy. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ TRADEMARK & COPYRIGHT The SOFTWARE (including any images and text incorporated into the SOFTWARE) is jointly owned by Cascata Limited & MobileWizardry Limited, their suppliers. The Software is protected by English copyright laws and international treaty provisions. Master Thief(tm) & Cascata(tm) are registered UK Trade Marks. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ BACKUP & OTHER PRECAUTIONS You may take a single back-up copy of the SOFTWARE and are solely responsible for making such back-up copy. We are not liable to You for any loss of the SOFTWARE or inability to play the game comprised therein as a result of a loss of power and/or failure to make a back-up copy of the SOFTWARE. You may not use the back-up copy of the SOFTWARE for any purpose other than to reproduce the original in the event that it is destroyed or becomes defective. In addition, we accept no liability to You in the event that there is any defect or failure in the operation or use of the SOFTWARE as a result of any corruption of data or otherwise Caused by any other application on the PDA. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DISCAIMERS & EXCLUSIONS & LIMITATIONS ON LIABILITY Cascata Limited & MobileWizardry Limited warrants that this SOFTWARE will perform substantially in accordance with the user instructions for a period of ninety days from the date of receipt. We do not make any representation or warranty as to the quality, functionality or freedom from error or contaminants (including viruses, worms, Trojan horses, logic bombs or similar) or availability of the SOFTWARE or the Website. Our entire liability shall be, at Cascata Limited's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet our warranty. So far as permitted by law, You agree that all implied warranties, conditions and terms of any nature, including without limitation warranties of satisfactory quality, merchantability or fitness for purpose, relating to the SOFTWARE are hereby excluded and that You download, install, use (as the case may be) the SOFTWARE and the computer game comprised therein entirely at your own risk. The Creators recommends that You employ an up-to-date virus scan program before downloading, installing and/or using the SOFTWARE. THE MAXIMUM EXTENT OF OUR LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR HOWSOEVER ARISING UNDER OR IN RELATION TO THIS LICENCE, SHALL NOT IN AGGREGATE EXCEED THE FEE PAID OR PAYABLE BY YOU TO DOWNLOAD, INSTALL AND USE THE SOFTWARE. YOU AGREE THAT NEITHER WE NOR ANY RIGHTS OWNER IN THE SOFTWARE OR THE GAME COMPRISED IN IT SHALL IN ANY EVENT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, BE LIABLE TO YOU OR ANY OTHER PARTY (NEITHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY LOSS OF PROFIT, GOODWILL, REPUTATION OR OPPORTUNITY OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR DAMAGE ARISING FROM YOU DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE AND PLAYING THE GAME COMPRISED THEREIN). +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ GOVERNING LAW & JURISDICTION The construction, validity and performance of this Licence shall be governed in all respects by English law and You agree to submit to the non-exclusive jurisdiction of the Courts of England in relation to any suit, action or proceeding relating to or arising in connection with this Licence. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ (c) Copyright 2002, All rights reserved. Cascata Limited, PO BOX 27084, London N2 0YP email: gamesupport@cascata.co.uk http://www.cascatagames.com http://www.mobilewizardry.com ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++