CREATIVE MULTIMEDIA SOFTWARE LICENSE PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. 1. License. The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or on any other media (the "Software") and related documentation are licensed to you by Creative Multimedia. You own the disk on which the Software is recorded but Creative Multimedia and/or Creative Multimedia's Licensors retain title to the Software and related documentation. This License allows you to use the Software on a single computer. You may also transfer all your license rights in the Software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License. 2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another or over a network. 3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation and all copies thereof. This license will terminate immediately without notice from Creative Multimedia if you fail to comply with the provision of this License. Upon termination you must destroy the Software and related documentation and all copies thereof. 4. Export Law Assurances. You agree and certify that neither the Software, nor any other technical data received from Creative Multimedia, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. 5. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (I) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.237-7013(c)(I) of the DFARS; and (II) if the Software is supplied to any unit or agency of the United Sates Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR. 6. Limited Warranty on Media. Creative Multimedia warrants the disks on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Creative Multimedia will have no responsibility to replace a disk damaged by accident, abuse or misrepresentation. ANY IMPLIED WARRANTIES ON THE DISCS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and Creative Multimedia and Creative Multimedia's Licensor(s) (for the purposes of provisions 7 and 8, Creative Multimedia and Creative Multimedia's Licensor(s) shall be collectively referred to as "Creative Multimedia") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CREATIVE MULTIMEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, CREATIVE MULTIMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE BE DEFECTIVE, YOU (AND NOT CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 8. Limitations of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL CREATIVE MULTIMEDIA BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Creative Multimedia's total liability to you for all damages, losses and causes of action (whether in contract, tort (including negligence or otherwise)) exceed the amount paid by you for the Software. 9. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Oregon as applied to agreements entered into and to be performed entirely within Oregon and between Oregon residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this License shall continue in full force and effect. 10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Creative Multimedia. Warranty Disclaimer: CREATIVE MULTIMEDIA'S LICENSOR(S) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE PARTICULAR PURPOSE, REGARDING THE SOFTWARE. CREATIVE MULTIMEDIA'S LICENSOR(S) DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Disclaimer of Liability: IN NO EVENT WILL CREATIVE MULTIMEDIA'S LICENSOR(S) AND THEIR DIRECTORS, OFFICERS, EMPLOYERS OR AGENTS (COLLECTIVELY CREATIVE MULTIMEDIA'S LICENSOR(S)) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CREATIVE MULTIMEDIA'S LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Creative Multimedia's Licensors' liability to you for actual damages from any cause whatsoever, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to the amount paid by you for the Software. Copyrights Portions Copyright 1994, Creative Multimedia and others. Macromind Director, version 3.1.3, Copyright 1992, Macromedia, Inc. Xing(tm) Copyright (c) 1991-1994. Xing Technologies Corporation - All Rights Reserved 805.473.0145. QuickTime, Copyright 1992, 1993, 1994, Apple Computer, Inc. QuickTime and the QuickTime logo are trademarks of Apple Computer, Inc. used under license. "Smithsonian's America" Copyright(c) 1994 Smithsonian Institution. "The Face of LIFE(tm): A Collection of LIFE Magazine Covers and Classic Images, 1936 through 1972." Copyright (c) 1994 Time Inc. All rights reserved. LIFE is a registered trademark of Time Inc. Used with permission. "Dr. Ruth’s Encyclopedia of Sex" Copyright (c) 1994 by G.G. The Jerusalem Publishing House Ltd. "Sports Illustrated For Kids(c) Everything You Want to Know About Sports Encyclopedia" Copyright (c) 1994 Time Inc. All rights reserved. SPORTS ILLUSTRATED FOR KIDS is a registered trademark of Time Inc. Used with permission. "Who Killed Brett Penance(tm)? The Environmental Surfer" WHO KILLED BRETT PENANCE? is a trademark of Creative Multimedia Corporation. Concept & Text, and other portions, Copyright 1994, Shannon Gilligan "Who Killed Taylor French(tm)? The Case of the Undressed Reporter" WHO KILLED TAYLOR FRENCH? is a trademark of Creative Multimedia Corporation. Concept & Text, and other portions, Copyright 1994, Shannon Gilligan. "Fodor’s(R) Interactive Sports and Adventure Vacations" Adapted from the work Fodor’s Great American Sports and Adventure Vacations with the permission of Fodor’s Travel Publications, Inc. Copyright (c)1994. All rights reserved. FODOR’S is a registered trademark of Fodor’s Travel Publications,Inc. "Beyond the Sambatyon: The Myth of the Ten Lost Tribes" Copyright (c) 1994, Maxima New Media, Ltd. The electronic edition of "Dr. Ruth’s Encyclopedia of Sex", © 1993 The Jerusalem Publishing House, has been licensed from the Continuum Publishing Company, New York. (C) 1936-1972 BPI Communications, Inc. Used with Permission Billboard(R) magazine Billboard(R), Top 100 and Hot 100(R) are registered trademarks of BPI Communications, Inc. All rights reserved and are used under license from VNU Business Press Syndication International BV. The Billboard(R) charts are the exclusive property of BPI Communications, Inc. and are fully protected by the copyright and trademark laws. Any unauthorized use, transfer, transmission, storage in memory, analyses or printout of this information by any person, organization or entity is punishable by law. Any reproduction or copying, in whatever form, now or hereafter requires prior written approval from BPI Communication Inc. All Rights Reserved. Made in U.S.A.