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POPCAP GAMES END USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE: This PopCap

En d User License Agreement ("EULA") is a legal agreement between you (either an in dividual or a single entity) and PopCap Games, Inc. ("PopCap") for the PopCap so ftware product "Heavy Weapon Deluxe", which includes computer software and associ ated documentation ("Software"). The Software also includes any updates and sup plements to the original Software from PopCap. Any product provided along with the Software that is associated with a separate end-user license agreement is li censed to you under the terms of that license agreement. 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: (i) d o not use or install the Software, and (ii) if you have purchased the Software, promptly return the Software and all accompanying materials with proof of purcha se to your place of purchase for a refund. SOFTWARE LICENSE. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. GRANT OF LICENSE. This EULA grants you a non-exclusive, non-transferable and no n-sublicenseable license to install and use a copy of the Software for your pers onal non-commercial home entertainment use on one (1) personal computer or perso nal digital assistant. OTHER RIGHTS AND LIMITATIONS. 1. No Commercial Use. You may not use the Software for any commercial purpose, including: a) distribution (electronically or otherwise); b) resale; c) rental; d) lease; e) public display; or f) offering on a pay-per-play, coin-op or other for charge basis. 2. Limitations on Reverse Engineering, Decompilation and Disassembly. The Softw are in source code form (which is not provided to you) includes valuable trade s ecret information of PopCap. You may not reverse engineer, decompile, or disass emble the Software or otherwise attempt to gain access to the source code for th e Software. 3. Transfer. You may not rent, lease, sell, sublicense, lend or otherwise transf er or assign your rights or obligations under this EULA to any person or entity. 4. Reservation of Rights. PopCap reserves all rights not expressly granted under this EULA. TERMINATION. Either party may terminate this license at any time by giving noti ce of such termination to the other. PopCap may satisfy this notice requirement by publishing a notice of termination on the PopCap website, which exists on th e "World Wide Web" at the address http://www.popcap.com. [Subscription Games] Upon Termination of this EULA for any reason, you will cease using the Software and will destroy all copies of the Software in your possession or control. COPIES. PopCap and its suppliers retain all ownership of the Software and all c opies thereof. Except as expressly provided in this EULA, you may not make copi es of the Software, except as reasonably necessary to run, install or use the So ftware in accordance with the uses for which you have been granted this EULA and you have no right to provide copies to third parties. EXPORT. You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software, e

xcept in accordance with all applicable U.S. export restrictions. U.S. GOVERNMENT RIGHTS. The Software is a "Commercial Item", as that term is de fined in 48 C.F.R. 2.101, and is comprised of commercial computer software and c ommercial computer software documentation developed exclusively at private expen se, and in all respects is proprietary data belonging solely to PopCap. If the Software is acquired by or on behalf of agencies or units of the Department of D efense (DoD), then, pursuant to DoD FAR Supplement ("DFARS") Part 227.7202-3 and its successors (48 C.F.R. 227.7202-3) the Government s right to use, reproduce or disclose the Software is subject to the restrictions of this EULA. If the Soft ware is acquired by or on behalf of civilian agencies of the United States Gover nment, then, pursuant to FAR Parts 12.212 (Computer Software), 12.211 (Technical Data) and 27.405(b)(2) and its successors (48 C.F.R. 12.11, 12.212 and 27.405(b )(2)), the Government s right to use, reproduce or disclose the Software is subjec t to the restrictions of this EULA. This U.S. Government Rights clause is in li eu of, and supersedes, any other FAR, DFARS or other clause or provision that ad dresses Government rights in computer software or technical data under this Lice nse. GOVERNING LAW AND VENUE. This EULA is governed by the laws of the State of Wash ington, USA, excluding its conflict of laws rules, and specifically excludes the United Nations Convention on Contracts for the International Sale of Goods. In any action or suit to enforce any right or remedy under this EULA or to interpr et any provision of this EULA, the courts of the State of Washington shall have exclusive jurisdiction over any such suit or action, and you hereby agree to sub mit to the jurisdiction of such courts. ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Po pCap with respect to the Software, and replaces all other agreements or represen tations, whether written or oral. The terms of this EULA cannot be modified by any terms in any printed forms used by the parties, and can only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. The o riginal of this EULA is in English. If it is translated into another language, the English language version shall prevail. NO WARRANTY. LICENSOR AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRAN TIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT. LICENS OR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR T HAT ACCESS TO THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE PR ODUCT IS "AS IS," AND "AT YOUR OWN RISK." LIMITATION OF LIABILITY. POPCAP AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SP ECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITA TION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTI ON, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF POPCAP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . IN ANY CASE, THE ENTIRE LIABILITY OF POPCAP AND ITS SUPPLIERS UNDER THIS AGRE EMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU F OR THE SOFTWARE THAT CAUSES THE DAMAGE. BECAUSE SOME STATES/JURISDICTIONS DO NO T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE 2000-2006 PopCap Games, Inc. All rights reserved. PopCap, PopCap Games and Heavy

Weapon are registered trademarks of PopCap Games, Inc. All other copyrights and trademarks are the property of their respective owners.

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