Software License Agreement


1.	READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON ONE HAND, AND ARUSH ENTERTAINMENT, A DIVISION OF WORLD ENTERTAINMENT BROADCASTING CORPORATION AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY REFERRED TO AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT ENTITLED "HUNTING UNLIMITED 2," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED MEDIA AND/OR PRINTED MATERIALS (TOGETHER CALLED "PROGRAM"). BY OPENING THE PACKAGING MATERIALS FOR THE PROGRAM, OR INSTALLING, COPYING, OR OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.  IF YOU DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM AND DELETE ALL COPIES IN YOUR POSSESSION.
2.	Company grants you a non-exclusive, non-transferable license to use the Program, but retains all property rights in the Program and all copies thereof.  You may install the Program on a single computer for use by a single, particular user.   All rights not specifically granted under this Agreement are reserved by Company and, as applicable, Company’s licensors. This Program is licensed, not sold, for your use. Your license confers no title or ownership in this Program and should not be construed as a sale of any rights in this Program.
3.	You acknowledge that the Program in source code form remains a confidential trade secret of Company. You agree not to modify or attempt to reverse engineer, decompile, or disassemble the Program, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4.	OWNERSHIP. All right, title and interest and intellectual property rights in and to the Program (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, images, photographs, animations, video, sounds, audio-visual effects, music, musical compositions, text and "applets," incorporated into the Program), the accompanying printed materials, and any copies of the Program, are owned by Company or its licensors. This Agreement grants you no rights to use such content other than as part of the Program. All rights not expressly granted under this Agreement are reserved by Company.
5.	This Agreement is effective upon your opening of the packaging materials, installation, or your first use of the Program and shall continue until revoked by Company or until you breach any term hereof; upon termination you agree to destroy or delete all copies of the Program in your possession. 
6.	You shall not modify the Program or merge the Program into another computer program (except to the extent the Program is made to operate within a computer operating system and in connection with other computer programs) or create derivative works based upon the Program. You must get the written permission of Company to include the Program in any collection of software. 
7.	Do not run, use, or install the Program if you reside in a country to which the use or installation of the Program would violate U.S. export laws or regulations, and do not distribute the Program in violation of such laws or regulations. The Program may not be transferred or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. If you do not meet these criteria or are not sure, do not run or install the software and destroy any copies in your possession.  If you live in such a country, no license is granted hereunder.
8.	To the maximum extent allowed by law, Company, its licensors and subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Program. You are responsible for assessing your own computer needs and, if applicable, transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. EXCEPT WITH RESPECT TO THE LIMITED CD-ROM WARRANTY AS SET FORTH IN SECTION 9 BELOW, COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE PROGRAM. COMPANY AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM DELAYS, NON-DELIVERIES, ERRORS, CAUSED BY COMPANY, ITS LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OWN ERRORS AND/OR OMISSIONS. Company and its Licensors make no warranty with respect to any related software or hardware used or provided by Company in connection with the Program except as expressly set forth above.
9.	LIMITED CD-ROM WARRANTY. Notwithstanding anything to the contrary contained herein, and solely with respect to Programs distributed on CD-ROM, Company warrants to the original consumer purchaser of this Program on CD-ROM that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium is found defective within 90 days of original purchase, you may return the Program and all accompanying materials along with your original receipt to the place you obtained it for a full refund or replacement, subject to such retailers return policy. This warranty is limited to the recording medium containing the Program as originally provided by Company and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above. 
10.	LIMITATION OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY'S AND ITS LICENSORS’ ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE PROGRAM, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES COMPANY'S AND ITS LICENSORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 
11.	INJUNCTION. Because Company would be irreparably damaged if the terms of this License Agreement were not specifically enforced, you agree that Company shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Company may otherwise have under applicable laws.
12.	INDEMNITY. At Company's request, you agree to defend, indemnify and hold harmless Company, its affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, content providers, and other users of the Program, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this License Agreement or any breach of this License Agreement by you. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. 
13.	U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor / Manufacturer is World Entertainment Broadcasting Corporation, 13951 N. Scottsdale Road, Suite 233, Scottsdale, AZ 85254.
14.	TERMINATION. Without prejudice to any other rights of Company, this License Agreement and your right to use the Program may automatically terminate without notice from Company if you fail to comply with any provision of this Agreement, or any terms and conditions associated with the Program. In such event, you must destroy all copies of this Program and all of its component parts.
15.	GENERAL PROVISIONS. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void, except that you may transfer your Program to another person provided that person accepts the terms of this License Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Company's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Company of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Company. This Agreement shall be governed by the laws of the State of Arizona and the United States without regard to its conflicts of laws rules and you consent to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement represents the complete agreement concerning this License Agreement between you and Company. 

If you have any questions concerning this License Agreement, you may contact ARUSH Entertainment, a division of World Entertainment Broadcasting Corporation at 13951 N. Scottsdale Road, Suite 233, Scottsdale, AZ, (480) 609-8665, Attn. Dean Hoffman, or web@arushgames.com.

Hunting Unlimited 2 © 2003 ARUSH Entertainment, a division of World Entertainment Broadcasting Corporation.  Developed by SCS Software.  Distributed by Hip Interactive Inc.  Hunting Unlimited, ARUSH, ARUSH Entertainment, the ARUSH Entertainment logo, and Play Outside the Box are trademarks or registered trademarks of World Entertainment Broadcasting Corporation. SCS Software is a trademark of SCS Software.  Hip Interactive is a trademark of Hip Interactive Inc.  All rights reserved.

