END-USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY:  Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA").

AGREEMENT
This document is a legal agreement between you and Funkitron, Inc. ("Funkitron").  The downloadable software and any accompanying materials (the “Software”) are licensed to you only on the condition that you accept all of the terms contained in this EULA.  The Software also includes any updates and supplements to the original Software provided to you by Funkitron.  

By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA do not use or install the Software. 

If this is a PC product, when you install the Software you will be asked to review and either accept or not accept the terms of the EULA by clicking the "I Accept" button.  By clicking the "I Accept" button you acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions.

COPYRIGHT
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by Funkitron.

GRANT OF LICENSE
The Software is licensed and not sold to you and its use is subject to this EULA.  Funkitron grants you a limited, personal, non-exclusive, non-transferable license to use the Software in the manner described in the user documentation.  Funkitron reserves all rights not expressly granted to you in this EULA.

PERMITTED USES
1. If the Software is configured for loading on a hard drive, you may install and use the Software on a single computer.
2. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession.
3. You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads and accepts this EULA.

RESTRICTIONS
1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software  or otherwise commercially exploit the Software.
4. You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it’s destroyed or becomes defective.

TRIAL VERSIONS
If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period.  You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.

TERMINATION
This EULA is effective until terminated.  You may terminate this EULA at any time by destroying the Software.  This EULA will terminate automatically without notice from  Funkitron if you fail to comply with any provisions of this EULA.  All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.

NO WARRANTY.  
FUNKITRON MAKES NO AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  FUNKITRON DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.  SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT WILL FUNKITRON OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FUNKITRON OR AN AUTHORIZED REPRESENTATIVE OF FUNKITRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT WILL THE LIABILITY OF FUNKITRON FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.

CHOICE OF LAW AND VENUE
This EULA is governed by the laws of the United States of America and the State of Massachusetts, exclusive of its conflicts of law provisions.  The exclusive venue for litigation regarding or arising from this EULA is Massachusetts and you agree to submit to the Jurisdiction of the courts of Massachusetts for any such litigation.

MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.

This EULA constitutes the entire agreement between you and Funkitron regarding the Software and its use.

Funkiball is a trademark of Funkitron, Inc.   All Other Copyrights and Trademarks are the Property of Their Respective Owners.  All Rights Reserved.
