SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY.  USE OF THIS PROGRAM IS SUBJECT TO THE TERMS OF THIS LICENSE WITH MUMBOJUMBO LLC, A TEXAS LIMITED LIABILITY COMPANY ("MUMBOJUMBO").  "PROGRAM" INCLUDES THE SOFTWARE INCLUDED WITH THIS LICENSE, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, ANY ON-LINE OR ELECTRONIC DOCUMENTATION AND ANY AND ALL COPIES AND DERIVATIVE WORKS OF SUCH SOFTWARE AND MATERIALS.  BY OPENING THIS PACKAGE AND/OR BY INSTALLING OR USING ANY PORTION OF THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.

LIMITED LICENSE.  MumboJumbo grants you the non-exclusive, non-transferable, limited right and license to install and to use one copy of this Program solely and exclusively for your personal use.  All rights not specifically granted to you under this License are reserved and held by MumboJumbo and, as applicable, MumboJumbo's licensors.  This Program is licensed, not sold for your use.  This License confers no title or ownership in this Program and should not be construed as a sale of any rights in or to this Program.

OWNERSHIP.  All title, ownership rights and intellectual property rights in or to this Program (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, art work, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights and "applets" incorporated into this Program) and any and all copies thereof are owned by MumboJumbo or its licensors.  This Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws.  This Program contains certain licensed materials and MumboJumbo's licensors may protect their rights in the event of any violation of this License.

LIMITED USE.  Without the prior written consent of MumboJumbo, you shall not, directly or indirectly, at any time:
* Exploit, or permit the exploitation of, this Program or any of its parts commercially.
* Use this Program, or permit use of this Program, on more than one computer, computer terminal or workstation at the same time.
* Make, or permit anyone to make, copies of this Program or any part thereof.
* Except as otherwise explicitly provided by this Program, use the program, or permit use of this Program, in or as part of a network, multi-user arrangement or remote access arrangement, including, but not limited to, at a cyber cafe, computer gaming center or any other location-based site.
* Sell, rent, lease, license, distribute or otherwise transfer this Program or any copies thereof to any other person or entity.
* Reverse engineer, derive source code, modify, decompile, disassemble or create derivative works of this Program, in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
* Export or re-export this Program or any copy or adaptation in violation of any applicable laws or regulations.

LIMITED WARRANTY.  MumboJumbo warrants to the original consumer purchaser of this Program that the recording medium on which the Program is recorded will be free from defects in material and workmanship for a period of 90 days from the date of purchase.  If the recording medium is found to be defective within such 90-day period, then MumboJumbo will replace this Program, free of charge, upon its receipt of this Program and the other items set forth below, provided this Program is still being manufactured by MumboJumbo.  If this program is no longer being manufactured by MumboJumbo, then MumboJumbo shall have the right to substitute a similar program of equal or lesser value.  This warranty is limited to the recording medium containing this Program as originally provided by MumboJumbo and is not applicable to any other portion of this Program.  This warranty shall not be applicable and shall be void if the applicable defect has arisen through normal wear and tear or through abuse, mistreatment or neglect.  Any other warranties prescribed by statute are expressly limited to the 90-day period described above.

EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE MUMBOJUMBO.  TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MUMBOJUMBO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO THIS PROGRAM.

When returning this Program for warranty replacement, please send the original product CDs or diskettes in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you were running the Program; and (4) if you are returning the Program after the 90-day warranty period, but within one year of the date of purchase, then a check or money order for US$10 per CD or diskette. All postage related to the delivery of these items to MumboJumbo must be prepaid.  MumboJumbo recommends that all such items be sent by certified mail.  Please send all such items to the following address:

MumboJumbo, LLC
Warranty Division
2019 North Lamar Street, Suite 300
Dallas, TX 75202-1738

LIMITATION ON DAMAGES.  NOTWITHSTANDING ANYTHING CONTAINED OR IMPLIED HEREIN TO THE CONTRARY, MUMBOJUMBO SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THIS PROGRAM, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE GREATEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF MUMBOJUMBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES SHALL MUMBOJUMBO'S LIABILITY EXCEED THE ACTUAL PURCHASE PRICE OF THIS PROGRAM.  YOU SHOULD BE AWARE THAT SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON THE DURATION OF PRODUCT WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT THERETO.  AS A RESULT, THE ABOVE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

TERMINATION.  This License is effective until terminated.  Without prejudice to any other rights that MumboJumbo may possess at law or in equity, this License will terminate automatically if you fail to comply with its terms and conditions.  Upon any termination of this License, you must destroy all copies of this Program, including all of its component parts.  You may terminate this License at any time by destroying this Program.

U.S. GOVERNMENT RESTRICTED RIGHTS.  This Program has been developed entirely at private expense and is provided to you as "Commercial Computer Software" or "restricted computer software."  Any use, duplication or disclosure of this Program 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 in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights in FAR 52.227-19, as applicable.  The Contractor/Manufacturer is MumboJumbo, LLC, 2019 North Lamar Street, Suite 300, Dallas, Texas 75202-1738.

INJUNCTION.  Because MumboJumbo would be irreparably damaged if the terms of this License were not specifically enforced, you hereby agree that MumboJumbo shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this License, in addition to such other remedies as MumboJumbo may otherwise have under applicable laws.

INDEMNITY.  You hereby agree to indemnify, defend and hold harmless MumboJumbo and each of its partners, licensors, affiliates, contractors, officers, directors, shareholders, members, managers, employees and agents from and against any and all damages, losses, costs and other expenses arising in connection with or otherwise resulting from any failure to use this Program in accordance with the terms of this License.

MISCELLANEOUS.  This License represents the complete agreement concerning this Program between the parties and supersedes all prior agreements and representations, whether written or oral, between them.  This License may be amended only pursuant to a written instrument executed MumboJumbo.  If any provision of this License is held to be unenforceable or invalid for any reason, then such provision shall be reformed only to the extent necessary to make it enforceable or valid, and the remaining provisions of this License shall not be affected thereby.  To the fullest extent possible, this License shall be construed under Delaware law as such law is applied to agreements between Delaware residents entered into and to be performed within the State of Delaware.  Exclusive jurisdiction for any dispute related to this License shall rest with the state and federal courts in Dallas, Texas.

If you have any questions concerning this license, then you may contact MumboJumbo at 2019 North Lamar Street, Suite 300, Dallas, Texas 75202-1738, Attn: Legal Division.

ACCEPTANCE.  I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS SOFTWARE LICENSE AGREEMENT AND AGREE THAT THE ACTION OF INSTALLING THIS PROGRAM IS AN ACKNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.  I ALSO ACKNOWLEDGE AND AGREE THAT THIS SOFTWARE LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN MUMBOJUMBO AND ME, AND THAT THIS SOFTWARE LICENSE AGREEMENT SUPERSEDES ANY PRIOR OR CONTEMPORANEOUS AGREEMENT OR OTHER COMMUNICATION, WHETHER ORAL OR WRITTEN, BETWEEN MUMBOJUMBO AND ME.


