MIND CONTROL SOFTWARE, Inc.
LICENSE AND NON-DISCLOSURE AGREEMENT
FOR BUILD SOFTWARE STILL IN PRODUCTION

NOTICE TO LICENSEE: This License is a legal agreement concerning the review and use of the Build Software for a limited purpose between you as "Licensee" and Mind Control Software, Inc, (hereinafter "MCS") the owner of the Build Software.  Review, operation, employment, implementation or use of the Build Software indicates your complete and unconditional acceptance of the terms and conditions set forth in this Agreement.   The License Granted hereunder becomes effective immediately.

1. GRANT OF LICENSE TO REVIEW BUILD SOFTWARE.
The game Software for the game informally referred to as "this build" that you have received from MCS, and are reviewing, installing, downloading, accessing, or using in connection with this Agreement, including any updates, modifications, revisions, copies, and documentation (collectively referred to as the "Build Software").  The Build Software is Non-Public and Highly Secret, has not been released to the general public and is still in production.  Consequently, all features, components and ideas associated with the Build Software are considered highly confidential and the "trade secrets" of MCS.  MCS maintains exclusive right, title and interest in and to all of the Build Software and reserves all rights therein not expressly granted in this Agreement to Licensee.   MCS GRANTS TO USER FOR THE LIMITED PURPOSE OF REVIEWING THE BUILD SOFTWARE, AND RUNNING THE GAME IN ORDER TO PROVIDE COMMENT, FEEDBACK, CRITIQUE, AND SUGGESTIONS FOR IMPROVEMENT TO MCS ON A HIGHLY CONFIDENTIAL BASIS, A NON-TRANSFERABLE, NON-EXCLUSIVE, LICENSE TO REVIEW, INSTALL, RUN AND USE THE BUILD SOFTWARE PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.  THIS IS A NON-COMMERCIAL LICENSE FOR REVIEW ONLY AND LICENSEE SHALL NOT DISTRIBUTE THE BUILD SOFTWARE.  

2. LICENSE RESTRICTIONS.
Licensee may only use the Build Software (1) in a machine-readable object-code form, (2) for Licensee’s personal use, and (3) on a single computer. Licensee may not make any back-up copies of the Build Software except in order to provide MCS with feedback and comment about the functionality of the Build Software.  Licensee shall not discuss the Build Software with any third party.  Licensee shall not publish its opinion(s), review(s), and/or any information whatsoever with to third parties.  Licensee shall not transfer any  backup copy to any third party.  Licensee may not decompile, reverse-assemble, reverse-engineer or, in any manner, alter or modify the Build Software except for the express purpose of providing feedback and comment to MCS on the functionality of the Build Software. Licensee shall not make the Build Software available to any third party and shall take appropriate and reasonable steps to protect the Build Software from theft or disclosure.   Licensee shall not integrate the Build Software with any other software.  If any violation of this provision is discovered by MCS, this license may be automatically revoked and terminated immediately. The unauthorized copying of the Build Software or printed documentation, in whole or in part, and the acquisition and use of unauthorized copies may be both criminal and civil offenses for which MCS may take legal action.  

3. TERM OF LICENSE.
The license granted herein is effective until terminated by MCS.  MCS may terminate this Agreement and the license granted hereunder at any time and for any reason or no reason at all.  Licensee may terminate this Agreement by providing written notice to MCS of such termination, and by returning to MCS all information and documentation concerning the Build Software together with all copies of the Build Software provided to Licensee from MCS, and by proving the destruction of all installed Build Software copies by sufficient evidence.  Licensee agrees, upon such termination or at the request of MCS, to destroy all Build Software copies in its possession. 

4. INTELLECTUAL PROPERTY RIGHTS.
The Build Software, any and all concepts, ideas and designs articulated by MCS in connection with the Build Software, and any backup copies are the intellectual property of and are owned by MCS.  The design features, concepts, structure, organization, and code of the Build Software are the valuable trade secrets and confidential information of MCS.  The Build Software is protected by copyright laws, including without limitation, United States Copyright law, international treaty provisions and applicable laws in the country in which it is being used.  This Agreement does not grant Licensee any rights in the Build Software or any of the documentation related thereto. All rights not expressly granted herein are reserved by MCS.

5. NON-DISCLOSURE AND NON-USE OF BUILD SOFTWARE.
Licensee shall not use, in whole or in part, for its own benefit any of MCS’s Trade Secrets or Confidential Information, without the prior written consent of MCS. Licensee shall not disclose the contents of any discussions which it has with MCS concerning the Build Software or any concept set forth therein, to any third party without the prior written consent of MCS.  Licensee acknowledges that MCS’s Confidential Information and/or Trade Secrets in the Build Software are of special, unique and intellectual proprietary nature, which gives it a peculiar value, the loss of which cannot be reasonably or adequately compensated for in damages in an action at law, and that any breach of the obligations under this Agreement will cause MCS irreparable injury and damage. In the event that Licensee breaches any of the provisions contained in this Agreement, MCS shall be entitled to immediate injunctive and other equitable relief, in addition to, any other rights and remedies available to it. 

6. GENERAL PROVISIONS

	A. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof. Each party hereto acknowledges that he or it has not relied on any rep¬resentations or promises except as set forth herein. This Agreement shall not be modified, supplemented, or amended except by a subse¬quent written document executed by the parties hereto.

	B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective employers, agents, heirs, executors, administrators, insurers, successors, and assigns.
	
	C. This Agreement shall be governed by and construed under and pursuant to the laws of the State of California, and all federal actions shall be heard in the Ninth Circuit Court in the Northern District of California. If any lawsuit, litigation, or action at law or in equity is brought in any court or other forum by any party hereto to interpret or enforce any of the provisions of this Agreement, the litigation shall be brought in the County of Marin, the prevailing party therein shall be entitled to recover in addition to all other relief the reasonable amount of attor¬neys fees incurred thereby in such litigation which amount may be fixed by the court or other trier of fact in the same action or in a sepa¬rate action brought for that purpose.

	D. Each of the persons who signs this Agreement warrants and represents that he/she is compe¬tent and authorized to sign and enter into this Agreement on behalf of the party for whom she purports to sign.

BY CLICKING THE BOX BELOW - LICENSEE ACCEPTS THIS LICENSE AND ALL TERMS AND CONDITIONS SET FORTH HEREIN.
