PLEASE READ THIS AGREEMENT CAREFULLY

END USER SOFTWARE LICENSE AGREEMENT

THIS IS A LICENSE AGREEMENT ("AGREEMENT") BETWEEN PLAYFIRST, INC. ("PLAYFIRST"), AND YOU ("LICENSEE" OR "YOU") FOR USE OF THE ACCOMPANYING SOFTWARE AND USER DOCUMENTATION (THE "SOFTWARE").  PLAYFIRST IS WILLING TO GRANT YOU THE LICENSE TO USE THE SOFTWARE ON THE CONDITION THAT YOU ACCEPT ALL TERMS IN THIS AGREEMENT.

BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON BELOW OR OTHERWISE COMPLETING THE INSTALLATION PROCESS, YOU ACKNOWLEDGE THAT YOU ARE OF THE AGE OF MAJORITY AND HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.  IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, PLAYFIRST IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD CLICK ON THE "NO" OR "DO NOT ACCEPT" BUTTON BELOW OR OTHERWISE DISCONTINUE THE INSTALLATION PROCESS.  IN SUCH CASE, ANY AMOUNTS ALREADY PAID BY YOU MAY BE REFUNDED BY PLAYFIRST (ONLY IF YOU PURCHASED THE LICENSE TO THE SOFTWARE DIRECTLY FROM PLAYFIRST) OR THE RETAILER FROM WHOM YOU PURCHASED THE SOFTWARE, SUBJECT TO THE APPLICABLE REFUND POLICY.

1. 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 without limitation any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the PlayFirst or its suppliers.

2. GRANT OF LICENSE.  The Software is licensed and not sold to You and its use is subject to this Agreement. In consideration of Your agreement to be bound by the terms and conditions of this Agreement, PlayFirst grants You a limited, personal, non-exclusive license to reproduce as necessary to install and use the Software in the manner described in the user documentation. You may also distribute copies of the time and/or feature-limited trial versions of the Software if (i) You do so on a no-charge and non-commercial basis, and (ii) the digital rights management software ("DRM") included with the Software permits such distribution without alteration or circumvention of the DRM or the Software.  You agree to pay any sales, use, value added, or other tax or charge imposed or assessed by any governmental entity.  If You are required by operation of law or otherwise to deduct any percentage of fees due under this Agreement, the fees shall be increased to such amount as may be necessary so that PlayFirst receives the full amount it would have received had those fee payments been made without deduction. PlayFirst reserves all rights not expressly granted to You in this Agreement.

3. PERMITTED USES.  You may install and use the Software on a single computer. You may make and maintain one copy of the Software for backup and archival purposes if You keep the original and copy of the Software in Your possession and You reproduce all copyright and other proprietary notices that are on the original copy of the Software. Only to the extent required by applicable law, You may permanently transfer all Your rights under this Agreement if (i) You give the Licensor prior written notice, (ii) You retain no copies, (iii) You transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and (iv) the recipient reads and accepts this Agreement. Any assignment in derogation of the foregoing shall be null and void.

4. PRIVACY AND DIGITAL RIGHTS MANAGEMENT.  

    a. If the Software is enabled to provide online features, You may voluntarily submit information to the PlayFirst website such as Your user name, password, high scores, medals, chat text, or content that You create or access through the Software ("Online Services").  You consent to the PlayFirst Privacy Policy (http://www.playfirst.com/privacypolicy.html) which provides for the collection, processing, transmission and disclosure of all such information by PlayFirst; this information is transmitted along with the name of the game and Your IP address to PlayFirst servers. PlayFirst will use such information for the purposes of managing and operating the PlayFirst website and providing the Online Services to You. Your use of the Online Services is also subject to the Terms of Service (http://www.playfirst.com/tos.html), to which You hereby consent.

    b. The Software may include DRM technologies provided by the distributor of Your copy of the Software.  This DRM may be used to collect personal information from You in order to activate a game in order to prevent unauthorized use.  PlayFirst has no control over or liability for any third-party DRM and You should contact the retailer from whom You purchased Your copy of the Software for their policies.  Where PlayFirst's DRM is used, PlayFirst's collection, use, disclosure, and protection of personal information is described in PlayFirst's Privacy Policy.  You expressly consent to the processing of Your personal information in accordance with the Privacy Policy and applicable laws both in the country in which You reside and in the United States, which may have less stringent laws regarding the processing of personal information.  You expressly consent to PlayFirst's use of cookies, clear GIFs, and DRM as described in the Privacy Policy when You use PlayFirst's services or access the Software.  You also consent to PlayFirst's use of a game updater technology that will automatically search Your computer for previously downloaded PlayFirst games (including the version and time played) so PlayFirst may offer updates and promotional upgrades to You pursuant to the Privacy Policy. For optional updates and promotional upgrades You will be asked if You want the update or upgrade prior to transmission of game information to PlayFirst; for critical updates a notification will appear in the game window.  Through DRM, PlayFirst may disallow or disable access to the Software if PlayFirst has reason to believe it is being used in violation of these terms or when the term of this Agreement has ended. 

5. RESTRICTIONS.  You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.  Except as expressly permitted by applicable law, You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lease, sell, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software. You may not sell, resell, or distribute unlock keys whether purchased from an authorized distributor or generated independently. You may not evade the DRM, copyright protection, access restrictions or other authorization mechanisms for the Software.  You may not electronically transmit the Software from one computer, console or other platform to another or over a network. You may not circumvent any encrypted data protections or gain access to data that is not licensed.  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 is destroyed or becomes defective. If the Software allows You to purchase licenses to upgrades or features (new levels, characters, in-game items) at the PlayFirst online store ("Game Items"), then all such Game Items, even if licensed at a later date, are part of the Software and subject to this Agreement.     Accordingly, You may not sell or transfer the Game Items and any such transfer or sale shall be null and void.    Any unauthorized reproduction, modification, distribution, or performance of the Software including any Game Items is strictly prohibited.

6. TERMINATION.  This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software. This Agreement will terminate automatically without notice from PlayFirst if You fail to comply with any provision of this Agreement. Upon notice of termination, You agree to promptly destroy all of Your copies of the Software. All provisions of this Agreement as to warranties, limitation of liability, remedies and damages will survive termination. The parties agree to waive any provisions, procedures and the operation of any legislation to the extent that a court order or approval is required to terminate this Agreement.

7. WARRANTY DISCLAIMER.  The Software is provided to You "As Is" and PlayFirst and its suppliers expressly disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice given by PlayFirst, its employees, distributors, dealers, or agents shall increase the scope of the above warranties or create any new warranties.

8. LIMITATION OF REMEDIES.  

    a. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL PLAYFIRST OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHETHER BASED IN CONTRACT, TORT, OR STATUTE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF PLAYFIRST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.  

    b. IN NO EVENT SHALL THE LIABILITY OF PLAYFIRST EXCEED THE AMOUNT RECEIVED BY PLAYFIRST FROM YOU UNDER THIS AGREEMENT OR ONE U.S. DOLLAR ($1.00) IF LICENSOR IS NOT IN RECEIPT OF ANY MONIES FROM YOU. 

    c. In jurisdictions that do not allow the exclusion or limitation of liability for consequential, special or incidental damages, PlayFirst's liability under this Agreement shall be limited to the maximum extent permitted by applicable law.  

    d. PlayFirst shall have the right to obtain injunctive or administrative relief in any court of competent jurisdiction or through any administrative authority having jurisdiction over a party in the event of a breach of the terms of this Agreement.

9. EXPORT CONTROL.  The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export or import as may be required.

10. GENERAL.  This Agreement shall be governed by the laws of the State of California in the United States of America, without regard to or application of conflicts of law rules or principles. The Federal and State Courts located in San Francisco County shall have sole jurisdiction over any disputes arising hereunder and the parties hereby submit to the personal jurisdiction of such courts. If any provision of this Agreement is held to be unenforceable, that provision shall be removed and the remaining provisions shall remain in full force. In the event any proceeding or lawsuit is brought by PlayFirst or You in connection with this Agreement, the prevailing party in such proceeding or lawsuit shall be entitled to receive its costs, expert witness fees and reasonable attorney's fees, including costs and fees on appeal. The failure of either party to require performance by the other party of any provision herein shall not affect the full right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision herein,must be in writing and shall not be held as a waiver of the provision itself. This Agreement is the complete and exclusive statement of the agreement between PlayFirst and You which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.  This Agreement may be modified only by a written agreement signed by both parties by their duly authorized representatives.   

THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.  UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

Copyright © 2009 PlayFirst, Inc.  All rights reserved.  PlayFirst, Emerald City Confidential, and all related titles, logos, and characters are trademarks of PlayFirst, Inc.  PlayFirst is registered in the U.S. and other countries.  Wadget Eye Games is a trademark of Wadget Eye Games Protected by copyright and licenses restricting use, copying, distribution and decompilation.