ELECTRONIC ARTS SOFTWARE END USER LICENSE AGREEMENT ... · Live ID per serial code and is non-transferable. Only licensed software can be used to access online services, download

S:Legal\EAP\Bulletstorm\BULLETSTORM EULA (05 10 10)

ELECTRONIC ARTS

SOFTWARE END USER LICENSE AGREEMENT BULLETSTORM

This End User License Agreement (“License”) is an agreement between you and Electronic Arts Inc., its subsidiaries and affiliates (“EA”). This License governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the "Software"). This Software is licensed to you, not sold. By installing or using the Software, you agree to the terms of this License and agree to be bound by it. Section 3 below describes the data EA may use to provide services and support to you in connection with the Software. If you do not agree to this use of data, do not install or use the Software. IF YOU INSTALL the Software, the terms and conditions of this License are fully accepted by you. If you do not agree to the terms of this License, then do not install or use the Software. Right to Return (Applicable To Those Who Purchased Packaged Software From Physical Retail Stores In the United States). If you do not agree to the terms of this License and you have not installed or used the Software, you may return the Software for a refund or exchange within thirty (30) days from the date of purchase to the original place of purchase by following the instructions for return available at http://warrantyinfo.ea.com. 1. Limited License Grant and Terms of Use.

A. Grant. Through this purchase, you are acquiring and EA grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your compliance with this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software, except by transfer as expressly set forth in paragraph 2 below. The term of your License shall commence on the date that you install or otherwise use the Software, and shall end on the earlier of the date that you dispose of or transfer the Software; or EA's termination of this License. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software.

S:Legal\EAP\Bulletstorm\EULA Bulletstorm EA PCF combined (07 12 10)

B. Technical Protection Measures.

This product is protected by Zero Day Piracy Protection (ZDPP), Server Side Authentication (SSA), and Module Authentication (MA) software by Microsoft. ZDPP requires a one-time access to the Internet. It may prompt users to enter their serial code (enclosed with purchase) in order to install their game. If the code is invalid, or entered before the product’s release date, the installed executable files will remain encrypted and unusable. SSA requires a one-time access to the Internet in order to authenticate your serial code. Please keep your serial code. You may need it to access online features and/or if you seek to install your game on more than one machine. If you disable or otherwise tamper with the technical protection measures, the Software may not function properly and you will have materially breached this License.

Access to online features is addressed in section I.C, below.

C. Access to Software, Online Features And/Or Services. A Windows Live ID and Account, installation of the Games for Windows Live software, acceptance of the Games for Windows LIVE Terms of Use (http://www.xbox.com/en-us/legal/livetou.htm), Games for Windows Live Privacy Statement (http://privacy.microsoft.com/en-US/default.mspx?shellstate=none), the Xbox LIVE Code of Conduct (www.xbox.com/en-US/legal/codeofconduct.htm and EA’s Privacy Policy (http://privacy.ea.com), the installation of EA Download Manager as well as acceptance of the EA Download Manager End User License Agreement and registration with the serial code enclosed with the Software, may be required to access the Software, online services and/or features and to download and apply Software updates and patches. Registration for online services and/or features is limited to one Windows Live ID per serial code and is non-transferable. Only licensed software can be used to access online services, download content and apply updates and patches. If the Software permits access to additional online features, content and/or services, only one user account may be able to access those features at one time. For additional information, see http://www.microsoft.com/games/en-us/live/pages/livejoin.aspx. . If you already have a Windows Live ID when you are registering for online services, you can use this Windows Live ID; if you do not, you can create a Windows Live ID/Account in-game and/or during installation.


D. Further Restrictions. Your right to use the Software is limited to the license

grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, create works from, or use the Software or any component of it, except as expressly authorized by EA. Unless expressly authorized by EA, you are prohibited from making a copy of the Software available on a network where it could be used by multiple users. You are prohibited from making the Software available over a network where it could be downloaded by multiple users. You may not remove or alter EA’s trademarks or logos, or legal notices included in the Software or related assets.

E. Reservation of Rights. You have obtained a license to the Software and

your rights are subject to this License. Except as expressly licensed to you herein, EA reserves all right, title and interest in the Software (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of EA and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. All rights not expressly granted herein are reserved by EA.

F. Your Contributions. In exchange for use of the Software, and to the extent

that your contributions through use of the Software give rise to any copyright interest, you hereby grant EA an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to EA’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. The license grant to EA, and the above waiver of any applicable moral rights, survives any termination of this License.

G. Transfer. You may make a one-time permanent transfer of all your rights to

install and use the Software to another individual or legal entity provided that: (a) the Technical Protection Measures used by the Software supports such


transfers; (b) you also transfer this License and all copies of the Software; (c) you retain no copies of the Software, upgrades, updates or prior versions; and (d) the receiving party accepts the terms and conditions of this License. Such transfer may not include access to any online feature, service or functionality, or right thereto, including updates, patches, unlocked or downloadable content, dynamically served content and other online features and/or services that require registration with the enclosed access code, that are limited to one user account and/or that are otherwise non-transferable. If you purchased this Software via digital download and if you wish to transfer the Software in accordance with the terms of this License, EA recommends that you de-authorize all of your machines to allow the transferee to authorize the Software on his/her own machines; otherwise, the transferee may not be able to authorize the Software on any additional machines. For more information, visit http://activate.ea.com/deauthorize. EA may require that any end user of the Software register the Software online as a condition of use and/or purchase additional Licenses. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER PRE-RELEASE COPIES OF THE SOFTWARE.

3. Consent to Use of Data. When you play this game offline, EA and its affiliates may collect and store non-personally identifiable data including your Internet Protocol Address as well as game play and software usage statistics. If and when you access online features and/or services, this data may be transmitted to EA. EA may use this information to improve our products and services and may share anonymous data with third parties.

To facilitate Technical Protection Measures, the provision of software updates, any dynamically served content, product support and other services to you, including marketing and online play, you agree that EA and its affiliates may collect, use, store and transmit technical and related information that identifies your computer (including an Internet Protocol Address and hardware identification), operating system, software and peripheral hardware as well as game play statistics and data. EA and its affiliates may also use this information to improve our products and services and we may share anonymous data with our third party service providers. All data is collected, used, stored and transmitted in accordance with EA’s Privacy Policy located at http://privacy.ea.com. To the extent that anything in this section conflicts with the terms of EA’s Privacy Policy, the terms of the Privacy Policy shall control. 4. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploading of content, EA and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players. Data that


personally identifies you is collected, used, stored and transmitted in accordance with EA’s Privacy Policy located at www.ea.com. 5. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from EA if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of EA’s other rights or remedies at law or in equity. Sections 5 - 10 of this License shall survive termination or expiration of this License for any reason. 6. Limited Warranty on Recording Media. The LIMITED WARRANTY ON RECORDING MEDIA THAT ACCOMPANIES YOUR SOFTWARE IS FOUND IN THE PRODUCT MANUAL THAT WAS DISTRIBUTED WITH YOUR SOFTWARE AND IS INCORPORATED HEREIN BY REFERENCE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LOCAL LAW, WHICH VARY FROM JURISDICTION TO JURISDICTION. 7. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.


8. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EA, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall EA’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software. 9. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media fails in its essential purpose. 10. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect. 11. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Software provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.


12. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to EA for which monetary damages would not be an adequate remedy and EA shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

12. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that cover San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.

14. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom EA is prohibited from transacting business under applicable law. 15. Entire Agreement. This License constitutes the entire agreement between you and EA with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by EA. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.


PEOPLE CAN FLY

SOFTWARE END USER LICENSE AGREEMENT BULLETSTORM

THIS END USER LICENSE AGREEMENT (“PCF LICENSE”) IS AN AGREEMENT BETWEEN YOU AND PEOPLE CAN FLY SP.Z O.O., ITS PARENT, SUBSIDIARIES AND AFFILIATES (“PCF”). PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS PCF LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE.

1. License. This PCF License governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the "Software"). The Software is licensed only for your use and gaming enjoyment, subject to terms and limitations in this PCF License. The Software is licensed, not sold. The license fee you paid gives you the right to use the Software under the conditions specified in this agreement and the attached Electronic Arts Software End User License Agreement. PCF and its licensors reserve all other rights (we talk about this more in Section 5 below). The Software contains third party programs, and the license terms with those programs apply to your use of them. If the Software is configured for loading onto a hard drive, you may only load one copy of the Software onto the hard drive of a single computer and only run the Software off that hard drive. However, you may participate in a multiplayer configuration (such as in an Internet gaming room) with other players who also have valid licenses; in other words, your friends must license their own copies of the Software.

2. Commercial Exploitation. You may not use the Software for any commercial purposes without the prior written consent of PCF, and more specifically: 1. If you are the proprietor of an Internet café or gaming room, you may operate the Software in a “pay for play” environment provided that all computers used have validly licensed Software installed, such Software having been purchased at a retail store or other similar provider (we do not offer volume discounts or multi-install licenses). 2. You may not, without prior written consent from PCF, operate the Software in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00 OR (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service OR (c) any company has provided, whether donated or as sponsorship, prizes, products or services worth with a fair market value of over US$5,000.00 OR (d) you have indicated that PCF is a sponsor of such gaming contest.

3. Use Restrictions. We want you to enjoy our products for years to come, and we want to be able to continue to make awesome games, so you need to be aware that there are some things you cannot do with the Software. The Software contains copyrighted material, trade secrets and other proprietary material which


belongs to PCF or our licensors. You agree that you are not a third party beneficiary of any agreements between PCF and our licensors. You may not work around any technical limitations in the Software. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on the Software, disassemble or otherwise reproduce the Software. Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute the Software. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not offer the Software on a pay-per-play basis or otherwise commercially exploit the Software or use the Software for any commercial purpose except as described in this PCF License. You may not publish the Software for others to copy, or electronically transmit the Software from one computer to another or over a network. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom PCF is prohibited from transacting business under applicable law.

4. Cheating. If you cheat in an on-line game using the Software, this PCF License is automatically terminated and you must immediately destroy the Software.

5. No Other License. PCF retains ownership of all proprietary information and all patent, copyright, trade secret or other intellectual property rights owned by it. No rights or licenses are granted by PCF under this PCF License, expressly or by implication, with respect to any such proprietary information or patent, copyright, trade secret or other intellectual property rights owned or controlled by PCF, except as expressly provided in this PCF License.

6. Termination. This PCF License is effective until one of us terminates it. You may terminate this PCF License at any time by destroying the Software and related documentation. If you fail to comply with any provision of this PCF License, this PCF License will terminate immediately without notice from PCF. If you continue to use the Software following termination, and PCF has to come after you, you will be required to pay for PCF’s expenses in connection therewith, including the cost of PCF’s lawyers. Termination will not limit any of PCF’s other rights or remedies at law or in equity. Sections 6, 8, 9, 10, 11, 12 and 13 shall survive termination or expiration of this PCF License for any reason.

7. Government End Users. . If you are a government end user, then this provision applies to you. The Software provided in connection with this PCF License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this PCF License and shall be prohibited except to the extent expressly permitted by this PCF License.


8. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software, related documentation and the media are provided “AS IS” without any warranty of any kind. PCF, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER IMPLIED BY STATUTE, COMMON LAW, CUSTOM OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BY NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PCF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR THE MEDIA WILL BE CORRECTED. FURTHERMORE, PCF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PCF OR ANY OF PCF OR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL PCF, ITS PARENT, EPIC GAMES, INC.OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES OR ASSIGNS BE LIABLE FOR ANY LOSS OF DATA, PROFITS (EVEN IF ARISING IN THE NORMAL CAUSE OF EVENTS) AND/OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING LOST DATA, EVEN IF PCF HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION APPLIES TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES, OR THIRD PARTY PROGRAMS. THIS LIMITATION ALSO APPLIES TO CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall the total liability of PCF to you for all damages, losses, and causes of action (in each case whether in contract, tort or otherwise) exceed the amount paid by you for the Software. Nothing in this PCF License shall be deemed or construed as excluding or limiting PCF’s liability for personal injury or death arising from its negligence, fraudulent misrepresentation or any other liability which cannot be excluded or limited by law.


10. Injunctive Relief. You agree that a breach of this PCF License will cause irreparable injury to PCF for which monetary damages would not be an adequate remedy and PCF shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

11. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this PCF License and your use of the Software; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this PCF License and/or your use of the Software shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the State of North Carolina, excluding its conflicts-of-law rules, govern this PCF License and/or your use of the Software; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this PCF License and/or your use of the Software shall be the federal or state courts that cover Wake County, North Carolina, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this PCF License or to any dispute or transaction arising out of this PCF License.

12. Complete Agreement. This PCF License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, PCF reserves the right to modify the terms of this PCF License from time to time and will post notice of material changes within www.peoplecanfly.com .

13. Copyright. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software are owned by PCF or its licensors and are protected by United States copyrights laws, international treaty provisions, an army of clones, and all applicable law, such as the Lanham Act. You must treat the Software like any other copyrighted material, as required by 17 U.S.C. Section 101 et seq. and other applicable law. Please do not make unauthorized copies. The program you’ve licensed was produced through the efforts of many people who earn their livelihood from its lawful use. These people like to eat, so don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1-800-388-PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.

14. Consent to Use of Data. When you play this game offline, PCF and its affiliates, including, but not limited to EA, may collect and store non-personally identifiable data including your Internet Protocol Address as well as game play and software usage statistics. If and when you access online features and/or services, this data may be transmitted to PCF or its designee. PCF may use this information to improve our products and services and may share anonymous aggregate data with third parties.


To facilitate Technical Protection Measures, the provision of software updates, any dynamically served content, product support and other services to you, including marketing and online play, you agree that PCF and its affiliates may collect, use, store and transmit technical and related information that identifies your computer (including an Internet Protocol Address and hardware identification), operating system, software and peripheral hardware as well as game play statistics and data. PCF and its affiliates may also use this information to improve our products and services and we may share anonymous aggregate data with our third party service providers.

All data is collected, used, stored and transmitted in accordance with EA’s Privacy Policy located at http://privacy.ea.com unless notice is otherwise posted within www.peoplecanfly.com. To the extent that anything in this section conflicts with the terms of EA’s Privacy Policy, the terms of the Privacy Policy shall control.

15. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploading of content, PCF and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players. Data that personally identifies you is collected, used, stored and transmitted in accordance with EA’s Privacy Policy located at www.ea.com unless notice is otherwise posted within www.peoplecanfly.com.

16. Rules of Online Behavior.

a. By accessing, participating on, or otherwise using the online features of

the Software, you agree to the following:

(i) You will not present any content through chat features or other features of the Software that:

A. Contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene, or unlawful material;

B. Contains slanderous or libelous comments about other users,

PCF employees, or other individuals; C. Contains personal information about any individual; D. Violates the privacy of any other individual or entity; E. Contains business solicitation of any type, including advertising

a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;


F. Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of PCF's system or a third party's computer;

G. Undermines the operation of a forum, chat room, or other feature; or H. Infringes upon the rights of any third party.

ii. You understand and agree that PCF may remove postings that contain

objectionable material, spam, or otherwise violates the foregoing terms. iii. Use of distribution lists in electronic mail or other mass electronic

mailings is subject to the approval of PCF. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of PCF.

iv. You agree not to impersonate any person or entity or falsely represent

your affiliation with any person or entity. v. Message boards and other features provided by PCF may not be used for

unauthorized electronic commerce. Use of any of our websites’ features, including but not limited to message boards, for the sale of products or services (including participation in any affiliate program other than that operated by PCF) is prohibited. If, in the sole discretion of PCF, you are found to be using PCF websites for any inappropriate commercial purpose, PCF reserves the right to take action to end such activity.

vi. Unless PCF and lets you know otherwise, you may not reproduce,

duplicate, copy, sell, or otherwise transfer or commercially exploit any PCF website, or any part of it.

b. Your use of all of the online features of the Software is subject to these

Rules of Online Behavior, any other terms applicable to the various features of our sites, and all applicable laws, rules, and regulations. PCF may terminate your account if we believe, using our sole discretion, that you have violated any of these Rules of Online Behavior, any other terms of this PCF License, or any law.

c. PCF may also, in its sole discretion and at any time, discontinue the online functionality of the Software or any part thereof, with or without notice. You agree that you do not have any rights in any such services and that PCF will have no liability to you if any PCF site is discontinued or your ability to access it is terminated.

d. When utilizing any of the online features of the Software, such as posting on message boards, participating in chat rooms, or creating any other content, you will be deemed to have granted PCF a PCF License for the perpetual, non-exclusive distribution of the information or materials worldwide in any form or forum without charge or liability.


e. You participate in all of the online features of the Software, such as message boards, chat rooms, and/or other features at your own risk. If you are dissatisfied with any feature, operability, content, these Rules of Online Behavior, other agreements PCF imposes as a condition of usage, or any other component of the online content of the Software, your sole remedy is to discontinue use of the online content.

f. By participating in the online content of the Software, you acknowledge that you may come across material that you find offensive. PCF disclaims any responsibility for any such offensive material, and all content presented by third parties. PCF has no responsibility for such content and is merely providing access to such content as a service to you.

g. You acknowledge that PCF has the right to delete any messages, files, or any other content that you may have uploaded to any feature of the online content at their sole discretion, including content that is deemed by PCF, in its sole discretion, to violate the terms of this or any other binding agreement.

h. You agree to indemnify and hold PCF and its parents, subsidiaries, officers, employees, licensors and contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

-=-=-=- Third Party Software Credits Fonix VoiceIn and DecTalk The Software contains third party programs, including software programs licensed by Fonix Speech, Inc., a Delaware corporation with its principal place of business at 9350 South 150 East, Suite 700, Sandy, Utah 84070 (“Fonix”), and Fonix grants you a nonexclusive, nontransferable, worldwide license to use the Fonix software in object code form but only as incorporated into the Software and with the Software. The Software contains copyrighted material, trade secrets and other proprietary material which belongs to Fonix. You agree that you are not a third party beneficiary of any agreements between Epic and our licensors, including, without limitation Fonix. Your right to use the Fonix software is restricted to the functionality, number of concurrent users, and specific primary and secondary languages authorized in connection with the Software. You may not decompile, modify, reverse engineer, publicly display, disassemble or otherwise reproduce the Fonix software. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FONIX SOFTWARE IS PROVIDED "AS IS" AND FONIX AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS


OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FONIX OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FONIX’S AGGREGATE LIABILITY (IF ANY) EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE. ‐=‐=‐=‐ Libxml2 (used by Collada) Copyright © 1998‐2003 Daniel Veillard. All Rights Reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ‐=‐=‐=‐ ConvexDecomposition Copyright © 2004 Open Dynamics Framework Group, www.physicstools.org, All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the Open Dynamics Framework Group nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE INTEL OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY


THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ‐=‐=‐=‐ AMD CPU Drivers Advanced Micro Devices, Inc. End User License Agreement PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. 1. License. The software accompanying this License (hereinafter “Software”), regardless of the media on which it is distributed, are licensed to you by Advanced Micro Devices, Inc. (“AMD”) for use solely in conjunction with AMD hardware products purchased with the Software (“AMD Hardware”). You own the medium on which the Software is recorded, but AMD and AMD's Licensors (referred to collectively as “AMD”) retain title to the Software and related documentation. You may: a) use the Software solely in conjunction with the AMD Hardware on a single computer; b) make one copy of the Software in machine‐readable form for backup purposes only. You must reproduce on such copy AMD's copyright notice and any other proprietary legends that were on the original copy of the Software; c) transfer all your license rights in the Software provided you must also transfer a copy of this License, the backup copy of the Software, the AMD Hardware and the related documentation and provided the other party reads and agrees to accept the terms and conditions of this License. Upon such transfer your license is then terminated. 2. Restrictions. The Software contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not: a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human‐perceivable form; b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part; or c) electronically transmit the Software from one computer to another or over a network or otherwise transfer the Software except as permitted by this License. 3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from AMD if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof. 4. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation were developed at private expense and are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202‐1(a) and 227.7202‐3(a) (1995), DFARS 252.227‐7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227‐19, (June 1987) or FAR 52.227‐14(ALT III) (June 1987), as amended from time to time. In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.


5. No Other License. No rights or licenses are granted by AMD under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by AMD, except as expressly provided in this License. 6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM VENDOR. 7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR‐FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AMD will not be liable for 1)loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall AMD's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software. 9. Controlling Law and Severability. This Agreement will be governed by and construed under the laws of the State of California without reference to its conflicts of law principles. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purpose of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection which it may have to contest such forum.


10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of AMD. ‐=‐=‐=‐ DirectX MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DIRECTX END USER RUNTIME These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft * updates, * supplements, * Internet‐based services, and * support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices. 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; * transfer the software or this agreement to any third party; or * use the software for commercial software hosting services. 3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.


7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet‐based services and support services that you use, are the entire agreement for the software and support services. 8. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS‐IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‐INFRINGEMENT. 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to * anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ‐=‐=‐=‐ This code contains embedded portions of source code from dqconv.c Conversion routines between (regular quaternion, translation) and dual quaternion, Version 1.0.0, Copyright © 2006‐2007 University of Dublin, Trinity College, All Rights Reserved, which have been altered from their original version. The following terms apply to dqconv.c Conversion routines between (regular quaternion, translation) and dual quaternion, Version 1.0.0: This software is provided 'as‐is', without any express or implied warranty. In no event will the author(s) be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:


1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. ‐=‐ Recast Copyright © 2010 memononen Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ‐=‐ Triangle‐cone intersection Boost Software License ‐ Version 1.0 ‐ August 17th, 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third‐parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine‐executable object code generated by a source language processor. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,


FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‐INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ‐=‐ libPNG This copy of the libpng notices is provided for your convenience. In case of any discrepancy between this copy and the notices in the file png.h that is included in the libpng distribution, the latter shall prevail. COPYRIGHT NOTICE, DISCLAIMER, and LICENSE: If you modify libpng you may insert additional notices immediately following this sentence. This code is released under the libpng license. libpng versions 1.2.6, August 15, 2004, through 1.2.39, August 13, 2009, are Copyright (c) 2004, 2006‐2009 Glenn Randers‐Pehrson, and are distributed according to the same disclaimer and license as libpng‐1.2.5 with the following individual added to the list of Contributing Authors Cosmin Truta libpng versions 1.0.7, July 1, 2000, through 1.2.5 ‐ October 3, 2002, are Copyright (c) 2000‐2002 Glenn Randers‐Pehrson, and are distributed according to the same disclaimer and license as libpng‐1.0.6 with the following individuals added to the list of Contributing Authors Simon‐Pierre Cadieux Eric S. Raymond Gilles Vollant and with the following additions to the disclaimer: There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user. libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999 Glenn Randers‐Pehrson, and are distributed according to the same disclaimer and license as libpng‐0.96, with the following individuals added to the list of Contributing Authors: Tom Lane Glenn Randers‐Pehrson Willem van Schaik


libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger Distributed according to the same disclaimer and license as libpng‐0.88, with the following individuals added to the list of Contributing Authors: John Bowler Kevin Bracey Sam Bushell Magnus Holmgren Greg Roelofs Tom Tanner libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc. For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals: Andreas Dilger Dave Martindale Guy Eric Schalnat Paul Schmidt Tim Wegner The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage. Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions: 1. The origin of this source code must not be misrepresented. 2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source. 3. This Copyright notice may not be removed or altered from any source or altered source distribution. The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated. A "png_get_copyright" function is available, for convenient use in "about" boxes and the like:


printf("%s",png_get_copyright(NULL)); Also, the PNG logo (in PNG format, of course) is supplied in the files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31). Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a certification mark of the Open Source Initiative. Glenn Randers‐Pehrson glennrp at users.sourceforge.net August 13, 2009

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