AlteredWorlds, 1282 42nd Avenue #B, San Francisco, CA 94122 Software License Agreement This Software License Agreement (the "Agreement") is a legal agreement between you, the end user (the "Licensee"), and AlteredWorlds. By continuing the installation of this program entitled AlteredSaver (the "Software"), by loading or running the program, or by placing or copying this program onto your computer hard drive, computer RAM or other storage, you are agreeing to be bound by the terms of this Agreement. 1. SOFTWARE LICENSE AlteredWorlds hereby grants, and Licensee hereby accepts, a license to operate the Software provided hereunder in accordance with the following terms: (a) AlteredWorlds grants to Licensee a limited, non-exclusive, nontransferable, non-assignable royalty-free license to use one (1) copy of the executable (binary) code of the Software ('altered' and 'awconfig' together) on one (1) computer located on Licensee's premises. (b) Except as otherwise expressly provided herein, all rights are exclusively reserved to AlteredWorlds. Licensee shall not rent, lease, sell, sublicense, assign, mortgage, pledge, or otherwise transfer or encumber the Software, including any accompanying Documentation and information. Licensee shall not reverse engineer, de-compile, or disassemble the Software except to the extent that this restriction is expressly prohibited by applicable law. AlteredWorlds shall retain title and all ownership rights to the Software. (c) The Software and related information is proprietary and confidential information of AlteredWorlds. Licensee agrees not to disclose or provide the Software, Documentation, or any related information (including the Software features or the results of use) to any third party or use the Software for any purpose other than expressly provided in this Agreement. However, Licensee may disclose confidential information in accordance with judicial or other governmental order, provided Licensee shall give AlteredWorlds reasonable written notice prior to such disclosure and shall comply with any applicable protective order or equivalent. Further, Licensee shall not be obligated to maintain the confidentiality of information which Licensee can prove: (i) is already known to Licensee without an obligation to maintain the same as confidential; (ii) becomes publicly known through no wrongful act of Licensee; (iii) is rightfully received from a third party without breach of an obligation of confidentiality owed to AlteredWorlds; or (iv) was independently developed by Licensee prior to receipt of the Software. This provision shall survive the termination or expiration of this Agreement with respect to any information that has not been made public by AlteredWorlds. 2. WARRANTY; DISCLAIMER OF WARRANTIES. (a) AlteredWorlds warrants that for a period of thirty (30) days after the Software is installed by Licensee, the Software will perform substantially in accordance with the Documentation. In the event that within this period, the Software fails to so perform, Licensee's sole and exclusive remedy will be to request that AlteredWorlds either: (i) repair or replace the Software so as to cause it to perform; or (ii) refund the License Fee paid by Licensee in connection with the Software. AlteredWorlds may elect either (i) or (ii) in its sole discretion. The foregoing constitutes Licensee's sole and exclusive remedy in the event of breach. (b) EXCEPT AS EXPRESSLY PROVIDED IN SUBPARAGRAPH 2(a) ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AlteredWorlds FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AlteredWorlds, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS OPPORTUNITIES, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AlteredWorlds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 3. GOVERNING LAW; ATTORNEYS' FEES. This Agreement shall be governed by those laws of the State of California which are applicable to agreements entered into and performed entirely within the State of California. Licensee consents to exclusive jurisdiction by the state and federal courts sitting in the County of San Francisco, State of California. If either AlteredWorlds or Licensee employs or engages attorneys to enforce any rights arising out of or relating to this Agreement, or brings any claim against the other based in whole or in part upon the Software, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States government, its agencies and/or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is AlteredWorlds, 1283 42nd Avenue, Unit B, San Francisco, CA 94122. 5. EXPORT RESTRICTIONS. Licensee acknowledges that the Software licensed hereunder is subject to the export control laws and regulations of the USA, and any amendments thereof. Licensee confirms that with respect to the Software, it will not export or re-export it directly or indirectly, to: (i) any countries that are subject to USA export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Haiti, Iran, Iraq, Libya, North Korea, and Syria), (ii) any end user who Licensee knows or has reason to know will utilize the Product in the design, development or production of nuclear, chemical, or biological weapons; or (iii) any end user who has been prohibited from participating in the USA export transactions by any federal agency of the USA government. Recipient further acknowledges that the Software may include technical data subject to export and re-export restrictions imposed by USA law. 6. PARTIES BOUND. If Licensee is accepting the terms and conditions of this Agreement on behalf of a company, then the individual accepting this Agreement represents that he/she has authorization to accept on behalf of such company, also agrees that in addition to the applicable company, he or she will be personally bound by this Agreement, and agrees that the Software shall remain on the company premises, unless otherwise agreed in writing by AlteredWorlds. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE BETWEEN AlteredWorlds AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN AlteredWorlds AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. (7) NOTES ON USAGE OF LIBRARIES: (a) AlteredSaver v2.3 for Linux uses the following Shared Libraries for correct operation: (i) Simple Direct Media Layer (SDL) v1.1.4 or later, available from many sources - download binaries and / or source code from http://www.libsdl.org (pick SDL 1.1 downloads) (ii) SDL_mixer 1.0 or later available as binary and or source code from: http://www.devolution.com/~slouken/SDL/projects/SDL_mixer/ (iii) SMPEG 0.4.0 or later available as binary and or source code from: http://www.lokigames.com/development/smpeg.php3 (b) The distribution and use of these Libraries is covered by the GNU LGPL v2 or newer, available in full at: http://www.gnu.org/copyleft/lgpl.html. (c) AlteredSaver uses these Libraries by means of a shared library mechanism. (d) The source code and binaries for these libraries are available under the LGPL from the additional URL - http://www.AlteredWorlds.com/linux/SDLlibs (e) All source code and 3D content for AlteredSaver, and binary executables 'altered' and 'awconfig' remain Copyright (c) AlteredWorlds 2000 and are covered by the above AlteredSaver 'Product License Agreement'. (8) EXCLUSIONS FROM PRODUCT LICENSE The 'KDE Wrapper' (binary executable 'kaltered.kss') for AlteredSaver is subject to the same source code license as the work from which it is derived - KDE 1.1.2 (GPL - included in this distribution) - and is based on work Copyright (c) Martin R. Jones 1999. 'kaltered.kss' may be rebuilt using the included source code and the widely available source package 'kdebase' for KDE 1.1.2. In order to install 'kaltered.kss' (the 'KDE Wrapper') supplied with this package you agree that: (a) THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AlteredWorlds FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AlteredWorlds, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS OPPORTUNITIES, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AlteredWorlds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.